Reliquiæ Spelmannianæ the posthumous works of Sir Henry Spelman, Kt., relating to the laws and antiquities of England : publish'd from the original manuscripts : with the life of the author.
         Spelman, Henry, Sir, 1564?-1641.
      
       
         
           1698
        
      
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             Reliquiæ Spelmannianæ the posthumous works of Sir Henry Spelman, Kt., relating to the laws and antiquities of England : publish'd from the original manuscripts : with the life of the author.
             Spelman, Henry, Sir, 1564?-1641.
             Gibson, Edmund, 1669-1748.
          
           [32], 214, [12] p. : ill., 2 folded geneal. tables, port.
           
             Printed at the Theater for Awnsham and John Churchill ...,
             Oxford :
             1698.
          
           
             Dedication signed: Edmund Gibson.
             Issued in 1723 as part 2 of The English works of Sir Henry Spelman, publish'd in his life-time.
             Reproduction of original in Huntington Library.
             Imperfect: port. and ill. lacking in filmed copy.
             Includes bibliographical references.
          
        
      
    
     
       
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         eng
      
       
         
           Spelman, Henry, -- Sir, 1564?-1641.
           Law -- England.
           Ecclesiastical law -- England.
           Great Britain -- Antiquities.
        
      
    
     
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               Reliquiae
               Spelmannianae
               .
            
             
               THE
               POSTHUMOUS
               WORKS
               OF
               Sir
               HENRY
               SPELMAN
               Kt.
               Relating
               to
               the
               LAWS
               and
               ANTIQUITIES
               OF
               ENGLAND
               .
            
             
               Publish'd
               from
               the
               ORIGINAL
               MANUSCRIPTS
               .
            
             
               With
               the
               LIFE
               of
               the
               AUTHOR
               .
            
             
               
                 Sine
                 dubio
                 ,
                 domus
                 Jurisconsulti
                 est
                 totius
                 oraculum
                 Civitatis
                 .
              
               
                 Cicero
                 .
              
            
             
             
               OXFORD
               ,
               Printed
               at
               the
               THEATER
               for
               Awnsham
               and
               
                 John
                 Churchill
              
               at
               the
               Black-Swan
               in
               Pater-Noster-Row
               ,
               LONDON
               .
               1698.
               
            
          
           
             
             
               Imprimatur
               ,
            
             
               
                 
                   JOH
                   .
                   MEARE
                
                 VICE-CAN
                 .
                 OXON
                 .
              
               
                 
                   Jan.
                   17.
                   1698.
                   
                
              
            
          
           
             
             
               TO
               THE
               Most
               Reverend
               Father
               in
               God
               THOMAS
               LORD
               ARCH-BISHOP
               OF
               CANTERBURY
               ,
               PRIMATE
               of
               All
               ENGLAND
               And
               METROPOLITAN
               ,
               And
               one
               of
               his
               Majesty's
               most
               Honourable
               Privy
               Council
               .
            
             
               
                 MY
                 LORD
                 ,
              
            
             
               I
               BEG
               leave
               to
               lay
               before
               your
               Grace
               these
               Posthumous
               Discourses
               of
               Sir
               
                 Henry
                 Spelman
              
               ;
               promising
               them
               a
               favourable
               reception
               ,
               both
               for
               their
               own
               worth
               ,
               and
               for
               the
               sake
               of
               their
               Author
               .
               He
               was
               a
               Person
               endow'd
               with
               those
               excellent
               Qualities
               ,
               which
               never
               fail
               to
               recommend
               others
               to
               your
               Grace's
               good
               opinion
               and
               esteem
               :
               A
               Gentleman
               of
               great
               Learning
               ,
               and
               a
               hearty
               Promoter
               and
               Encourager
               of
               it
               :
               In
               his
               Temper
               Calm
               and
               Sedate
               ;
               and
               in
               his
               Writings
               ,
               Grave
               and
               Inoffensive
               :
               a
               true
               lover
               of
               the
               Establisht
               Church
               ,
               and
               a
               zealous
               maintainer
               of
               her
               Rights
               and
               Privileges
               .
               In
               which
               respect
               ,
               the
               Clergy
               of
               this
               Nation
               were
               more
               particularly
               engag'd
               to
               Him
               ;
               because
               being
               a
               Lay-man
               ,
               and
               so
               not
               lyable
               to
               the
               suspicion
               of
               Prejudice
               or
               Interest
               ,
               his
               Reasonings
               carry'd
               in
               them
               a
               greater
               weight
               and
               authority
               ,
               than
               if
               they
               had
               come
               from
               one
               of
               their
               own
               Order
               .
            
             
             
               I
               might
               add
               ,
               as
               some
               sort
               of
               excuse
               for
               this
               Trouble
               ,
               that
               He
               had
               the
               honour
               to
               be
               particularly
               respected
               by
               two
               of
               your
               Grace's
               Predecessors
               ;
               and
               some
               of
               his
               Posthumous
               Works
               ,
               by
               a
               third
               .
               Arch-bishop
               Abbot
               and
               his
               immediate
               Successor
               were
               the
               chief
               Encouragers
               of
               the
               First
               Volume
               of
               his
               Councils
               :
               and
               after
               his
               death
               ,
               the
               Second
               Part
               of
               his
               Glossary
               was
               publisht
               by
               the
               procurement
               of
               Arch-bishop
               Sheldon
               .
               So
               that
               these
               Papers
               have
               a
               kind
               of
               hereditary
               right
               to
               your
               Grace's
               Protection
               .
            
             
               All
               the
               share
               that
               I
               have
               in
               this
               Work
               ,
               is
               the
               handing
               it
               into
               the
               World
               :
               and
               to
               make
               the
               first
               Present
               to
               your
               Grace
               ,
               would
               be
               no
               more
               than
               a
               decent
               regard
               to
               the
               Eminence
               of
               your
               Station
               ;
               though
               I
               had
               no
               particular
               obligation
               to
               do
               it
               .
               But
               in
               my
               Circumstances
               ,
               I
               should
               think
               my self
               very
               ungrateful
               ,
               if
               enjoying
               so
               much
               Happiness
               under
               your
               Grace's
               Patronage
               ,
               I
               should
               omit
               any
               opportunity
               of
               expressing
               my
               Thankfulness
               for
               it
               .
               Especially
               ,
               since
               such
               small
               Acknowledgements
               as
               this
               ,
               are
               the
               only
               Returns
               that
               I
               can
               ever
               hope
               to
               make
               for
               the
               Encouragement
               ,
               which
               You
               daily
               afford
               to
            
             
               
                 Your
                 GRACE'S
                 
                 most
                 obliged
                 and
                 
                 most
                 dutiful
                 Servant
                 
                 EDMUND
                 GIBSON
                 .
              
            
          
           
             
             
               THE
               PREFACE
               .
            
             
               I
               Shall
               not
               make
               any
               Apologie
               for
               the
               publication
               of
               these
               Treatises
               :
               They
               seem'd
               to
               me
               to
               be
               very
               useful
               towards
               a
               right
               understanding
               of
               the
               Laws
               and
               Antiquities
               of
               England
               ;
               and
               I
               hope
               they
               will
               appear
               so
               to
               others
               too
               .
               Nor
               need
               I
               endeavour
               to
               recommend
               them
               to
               the
               world
               ,
               any
               otherwise
               than
               by
               shewing
               them
               to
               be
               the
               genuine
               Labours
               of
               Sir
               
                 H.
                 Spelman
              
               ,
               whose
               Learning
               ,
               Accuracy
               ,
               and
               Integrity
               are
               sufficiently
               known
               .
            
             
               The
               first
               of
               them
               ,
               concerning
               Feuds
               and
               Tenures
               in
               England
               ,
               was
               written
               in
               the
               Year
               1639.
               and
               is
               printed
               from
               a
               fair
               Copy
               in
               the
               Bodleian
               Library
               ,
               corrected
               with
               Sir
               
                 Henry
                 Spelman's
              
               own
               hand
               .
               The
               Occasion
               of
               writing
               it
               ,
               was
               the
               Great
               
                 Case
                 of
                 Defective
                 Titles
              
               in
               Ireland
               ;
               as
               may
               be
               gathered
               in
               some
               measure
               from
               the
               hints
               ,
               that
               our
               Author
               has
               given
               us
               ;
               but
               is
               much
               more
               evident
               from
               the
               Case
               it self
               ,
               printed
               afterwards
               by
               order
               of
               Thomas
               Viscount
               Wentworth
               the
               then
               Lord
               Deputie
               .
               The
               Grounds
               thereof
               (
               with
               the
               Pleadings
               and
               Resolutions
               ,
               so
               far
               as
               they
               concern
               the
               
                 Original
                 of
                 Tenures
              
               )
               were
               ,
               in
               short
               ,
               thus
               :
               The
               several
               Mannours
               and
               Estates
               within
               the
               Counties
               of
               
                 Roscomon
                 ,
                 Sligo
                 ,
                 Mayo
              
               and
               Gallway
               ,
               in
               the
               Kingdom
               of
               Ireland
               ,
               being
               unsettl
               d
               as
               to
               their
               Titles
               ;
               King
               
                 James
                 I.
              
               by
               Commission
               under
               the
               Great
               Seal
               dated
               the
               2d
               .
               day
               of
               March
               in
               the
               4th
               .
               Year
               of
               his
               Reign
               ,
               did
               authorize
               certain
               Commissioners
               ,
               by
               Letters
               Patents
               to
               make
               Grants
               of
               the
               said
               Lands
               and
               Mannours
               to
               the
               respective
               Owners
               .
               Whereupon
               ,
               several
               Letters
               Patents
               to
               that
               effect
               ,
               passed
               under
               his
               Majesties
               Great
               Seal
               ,
               by
               virtue
               of
               the
               said
               Commission
               ,
               for
               the
               strengthening
               of
               Titles
               that
               might
               otherwise
               seem
               defective
               .
               And
               afterwards
               ,
               in
               the
               Reign
               of
               King
               
                 Charles
                 I.
              
               upon
               an
               Enquirie
               into
               his
               Majestie
               's
               Title
               to
               the
               Countie
               of
               Mayo
               ,
               there
               was
               an
               Act
               of
               State
               publisht
               ,
               commanding
               all
               those
               who
               held
               any
               Lands
               in
               that
               County
               by
               
                 Letters
                 Patents
              
               from
               the
               Crown
               ,
               to
               produce
               them
               or
               the
               Enrollment
               thereof
               before
               the
               Lord
               Deputie
               and
               Council
               ,
               by
               a
               certain
               day
               .
               To
               the
               end
               that
               they
               might
               be
               secur'd
               in
               the
               quiet
               possession
               of
               their
               Estates
               ,
               in
               case
               the
               said
               Letters
               were
               allow'd
               by
               that
               Board
               to
               be
               good
               and
               effectual
               in
               Law.
               
            
             
               
                 In
                 pursuance
                 of
                 this
                 Order
                 ,
                 several
              
               Letters
               Patents
               
                 were
                 produc'd
                 ,
                 and
                 particularly
                 the
                 Lord
                 Viscount
              
               Dillon's
               ;
               
                 which
                 last
                 ,
                 upon
                 the
                 perusal
                 and
                 consideration
                 thereof
                 by
                 his
                 Majestie
                 's
                 
                 Council
                 ,
                 were
                 thought
                 to
                 be
                 void
                 in
                 Law.
                 And
                 therefore
                 it
                 was
                 order'd
                 by
                 the
                 Lord
                 Deputie
                 and
                 Council
                 ,
                 that
                 the
                 doubt
                 arising
                 upon
                 the
                 Letters
                 Patents
                 should
                 be
                 drawn
                 up
                 into
                 a
                 Case
                 ,
                 and
                 that
                 Case
                 to
                 be
                 openly
                 argu'd
                 at
                 the
                 Council-Board
                 .
                 The
                 Case
                 was
                 drawn
                 up
                 in
                 these
                 words
                 :
              
               King
               James
               by
               Commission
               under
               the
               Great
               Seal
               dated
               the
               second
               day
               of
               March
               in
               the
               fourth
               year
               of
               his
               Reign
               ,
               did
               authorize
               certain
               Commissioners
               to
               grant
               the
               Mannour
               of
               Dale
               ,
               by
               Letters
               Patents
               under
               the
               Great
               Seal
               of
               this
               Kingdom
               ,
               to
               A.
               and
               his
               heirs
               ,
               and
               there
               is
               no
               direction
               given
               in
               the
               said
               Commission
               touching
               the
               Tenure
               to
               be
               reserv'd
               .
               —
               There
               are
               Letters
               Patents
               by
               colour
               of
               the
               said
               Commission
               pass'd
               unto
               A.
               and
               his
               heirs
               ,
               to
               hold
               by
               Knights
               ▪
               Service
               ,
               as
               of
               his
               Majesties
               Castle
               of
               Dublin
               .
            
             
               Here
               ,
               it
               was
               agreed
               on
               all
               hands
               ▪
               that
               the
               Letters
               Patents
               were
               void
               as
               to
               the
               Tenure
               ,
               and
               that
               the
               Commissioners
               had
               acted
               beyond
               their
               Commission
               in
               reserving
               a
               
                 mean
                 Tenure
              
               ,
               to
               the
               prejudice
               of
               the
               King
               ;
               when
               they
               ought
               either
               to
               have
               reserv'd
               an
               express
               Tenure
               by
               
                 Knight's
                 Service
                 in
                 Capite
              
               ,
               or
               have
               mention'd
               no
               Tenure
               at
               all
               ,
               but
               have
               left
               the
               Law
               to
               imply
               a
               Tenure
               
                 in
                 Capite
              
               .
               The
               question
               therefore
               was
               ,
               
                 Whether
                 the
                 deficiency
                 of
                 the
                 Tenure
                 did
                 so
                 far
                 affect
                 the
                 Grant
                 ,
                 as
                 wholly
                 to
                 destroy
                 the
                 Letters
                 Patents
                 ?
              
               Or
               ,
               
                 Whether
                 the
                 Letters
                 Patents
                 might
                 not
                 be
                 good
                 as
                 to
                 the
                 Land
                 ,
                 and
                 void
                 only
                 as
                 to
                 the
                 Tenure
                 ?
              
            
             
               The
               Case
               was
               argu'd
               several
               days
               by
               Counsel
               on
               both
               sides
               ;
               and
               was
               afterwards
               deliver'd
               up
               to
               the
               Judges
               ,
               who
               were
               requir'd
               by
               the
               Lord
               Deputie
               and
               Council
               ,
               to
               consider
               of
               it
               and
               to
               return
               their
               Resolution
               .
               But
               upon
               private
               Conference
               ,
               not
               agreeing
               in
               their
               Opinions
               ,
               it
               was
               thought
               necessary
               for
               publick
               satisfaction
               to
               have
               it
               argu'd
               solemnly
               by
               them
               all
               :
               which
               was
               accordingly
               done
               .
               And
               when
               it
               came
               to
               be
               debated
               ,
               whether
               the
               reservation
               of
               a
               Tenure
               ,
               so
               different
               from
               
                 that
                 intended
                 and
                 warranted
                 by
                 the
                 Commission
                 ,
                 could
                 make
                 void
                 the
                 whole
                 Grant
                 ;
              
               this
               happen'd
               to
               lead
               them
               to
               a
               more
               general
               Enquirie
               ,
               What
               the
               reservation
               of
               a
               Tenure
               is
               to
               the
               Grant
               ?
               whether
               it
               be
               a
               part
               of
               the
               Grant
               ,
               and
               the
               
                 modus
                 concessionis
              
               ,
               or
               whether
               it
               be
               a
               distinct
               thing
               ,
               and
               Aliud
               from
               the
               Grant
               ?
               
                 For
                 (
                 so
                 the
                 Printed
                 Case
                 represents
                 their
                 Opinion
                 )
                 if
                 the
                 
                   Reservation
                   of
                   the
                   Tenure
                
                 and
                 the
                 
                   Grant
                   of
                   the
                   Land
                
                 ,
                 be
                 
                   aliud
                   &
                   aliud
                
                 ,
                 two
                 distinct
                 things
                 ,
                 in
                 the
                 consideration
                 of
                 the
                 whole
                 Grant
                 made
                 ,
                 and
                 the
                 authority
                 given
                 by
                 the
                 said
                 Commission
                 for
                 the
                 making
                 thereof
                 ;
                 then
                 the
                 Patent
                 may
                 be
                 void
                 as
                 to
                 the
                 Tenure
                 ,
                 and
                 yet
                 good
                 
                 for
                 the
                 Grant
                 of
                 the
                 Land.
                 But
                 if
                 the
                 Reservation
                 of
                 the
                 Tenure
                 be
                 incident
                 unto
                 the
                 authority
                 and
                 included
                 within
                 it
                 ,
                 and
                 the
                 
                   Reservation
                   of
                   the
                   Tenure
                
                 and
                 the
                 
                   Grant
                   of
                   the
                   Land
                
                 make
                 up
                 but
                 one
                 entire
                 Grant
                 ,
                 so
                 that
                 the
                 one
                 is
                 a
                 part
                 of
                 the
                 other
                 ,
                 and
                 the
                 Reservation
                 of
                 the
                 Tenure
                 be
                 
                   Modus
                   concessionis
                
                 ;
                 then
                 the
                 granting
                 of
                 the
                 Land
                 ,
                 reserving
                 a
                 diverse
                 or
                 contrary
                 Tenure
                 to
                 that
                 which
                 their
                 [
                 nude
                 ]
                 authority
                 did
                 warrant
                 them
                 to
                 reserve
                 ,
                 is
                 a
                 doing
                 of
                 
                   Idem
                   alio
                   modo
                
                 ,
                 and
                 so
                 the
                 whole
                 Act
                 is
                 void
                 .
              
            
             
               They
               who
               pleaded
               for
               the
               validity
               of
               the
               Letters
               Patents
               as
               to
               the
               Lands
               ,
               and
               their
               being
               void
               only
               as
               to
               the
               Tenure
               ;
               urg'd
               ,
               among
               other
               arguments
               ,
               That
               
                 Tenures
                 in
                 Capite
              
               were
               brought
               into
               England
               by
               the
               Conquest
               ,
               but
               Grants
               were
               by
               the
               Common-Law
               ;
               and
               therefore
               Grants
               being
               more
               ancient
               than
               Tenures
               ,
               the
               Tenure
               must
               of
               necessity
               be
               aliud
               from
               the
               thing
               granted
               .
               And
               to
               prove
               that
               this
               Tenure
               came
               in
               with
               the
               Conqueror
               ,
               they
               cited
               Mr.
               Selden
               in
               his
               
                 Spicileg
                 ▪
                 ad
                 Eadmerum
                 ,
                 p.
                 194.
              
               where
               he
               hath
               that
               out
               of
               
                 Bracton
                 de
                 Acquir
                 .
                 Rerum
                 Dominio
                 .
                 b.
                 2.
                 
                 Forinsecum
                 servitium
                 dicitur
                 Regale
                 servitium
                 quia
                 spectat
                 ad
                 Dominum
                 Regem
                 &
                 non
                 ad
                 alium
                 ,
                 &
                 secundum
                 quod
                 in
                 Conquestu
                 fuit
                 adinventum
                 .
              
            
             
               But
               this
               Argument
               and
               the
               Authority
               were
               both
               over-ruld
               ;
               and
               it
               was
               affirm'd
               ,
               that
               Tenures
               were
               not
               brought
               into
               England
               by
               the
               Conqueror
               ,
               but
               were
               common
               among
               the
               Saxons
               .
               Their
               Answer
               to
               Mr.
               Selden's
               Opinion
               ,
               with
               the
               Reasons
               upon
               which
               they
               grounded
               their
               position
               ,
               I
               will
               transcribe
               at
               large
               from
               the
               Printed
               Case
               ;
               the
               Book
               being
               very
               scarce
               ,
               and
               this
               the
               only
               Point
               wherein
               Sir
               
                 Henry
                 Spelman
              
               is
               concern'd
               .
            
             
               It
               was
               answered
               that
               Mr.
               Selden
               in
               that
               place
               does
               barely
               recite
               the
               words
               of
               Bracton
               ,
               not
               delivering
               any
               Opinion
               of
               his
               own
               .
            
             
               For
               in
               that
               Book
               cited
               ,
               pag.
               170.
               and
               in
               his
               
                 Titles
                 of
                 Honour
              
               ,
               the
               last
               Edition
               .
               p.
               612.
               
               We
               find
               that
               he
               was
               of
               another
               Opinion
               ,
               and
               that
               this
               Tenure
               was
               in
               use
               in
               England
               in
               the
               times
               of
               the
               Saxons
               .
            
             
               What
               were
               those
               
                 Thani
                 Majores
              
               ,
               or
               
                 Thani
                 Regis
              
               among
               the
               Saxons
               ?
               but
               the
               Kings
               immediate
               Tenants
               of
               Lands
               ,
               which
               they
               held
               by
               personal
               service
               ,
               as
               of
               the
               Kings
               person
               by
               Grand
               Serjeanty
               ,
               or
               Knights-service
               
                 in
                 Capite
              
               .
            
             
               The
               Land
               so
               held
               ,
               was
               in
               those
               times
               called
               Thain-land
               ,
               as
               Land
               holden
               in
               Socage
               was
               called
               Reveland
               ,
               so
               frequently
               in
               
                 Dooms-day
                 :
                 Haec
                 terra
                 fuit
                 terra
                 Regis
              
               Edwardi
               Thainland
               ,
               
                 sed
                 postea
                 conversa
                 est
                 in
              
               Reveland
               .
               Cokes
               Instit
               .
               Sect.
               117.
               
            
             
             
               After
               some
               years
               that
               followed
               the
               coming
               of
               the
               Normans
               ,
               the
               title
               of
               Thane
               grew
               out
               of
               use
               ,
               and
               that
               of
               Baron
               and
               Barony
               succeeded
               for
               Thane
               and
               Thain-land
               .
            
             
               Whereby
               we
               may
               understand
               the
               true
               and
               original
               Reason
               ,
               of
               that
               which
               we
               have
               in
               the
               Lord
               
                 Cromwels
                 Case
              
               ,
               2.
               
               Coke
               81.
               
               That
               every
               Barony
               of
               ancient
               time
               was
               held
               by
               
                 Grand
                 Serjeanty
              
               ;
               by
               that
               Tenure
               were
               the
               Thain-lands
               held
               in
               the
               time
               of
               the
               Saxons
               ,
               and
               those
               Thain-lands
               were
               the
               same
               that
               were
               after
               called
               Baronies
               .
            
             
               'T
               is
               true
               ,
               the
               Possessions
               of
               Bishops
               and
               Abbots
               were
               first
               made
               subject
               to
               Knights-service
               
                 in
                 Capite
              
               by
               William
               the
               Conquerour
               ,
               in
               the
               fourth
               year
               of
               his
               Reign
               ,
               for
               their
               Lands
               were
               held
               in
               the
               times
               of
               the
               
                 Saxons
                 :
                 in
                 pura
                 &
                 perpetua
                 Eleemosyna
                 ,
              
               free
               ,
               
                 ab
                 omni
                 servitio
                 saeculari
              
               .
            
             
               But
               he
               then
               turned
               their
               Possessions
               into
               Baronies
               ,
               and
               so
               made
               them
               Barons
               of
               the
               Kingdom
               by
               Tenure
               ,
               so
               that
               as
               to
               them
               ,
               this
               Tenure
               and
               Service
               may
               be
               said
               to
               be
               
                 in
                 Conquestu
                 adinventum
              
               .
               But
               the
               Thain-lands
               were
               held
               by
               that
               Tenure
               before
               .
            
             
               As
               the
               Kings
               Thane
               was
               a
               Tenant
               in
               Capite
               ,
               so
               the
               
                 Thanus
                 mediocris
              
               or
               
                 middle
                 Thane
              
               ,
               was
               only
               a
               Tenant
               by
               Knights-service
               ,
               that
               either
               held
               of
               a
               mean
               Lord
               and
               not
               immediately
               of
               the
               King
               ,
               or
               at
               the
               least
               of
               the
               King
               as
               of
               an
               Honour
               or
               Mannour
               ,
               and
               not
               in
               Capite
               .
            
             
               What
               was
               that
               
                 Trinoda
                 Necessitas
              
               ,
               which
               so
               often
               occurs
               in
               the
               Grant
               of
               the
               Saxon
               Kings
               ,
               under
               this
               Form.
               
                 Exceptisistis
                 tribus
                 Expeditione
                 ,
                 Arcis
                 &
                 pontis
                 exstructione
                 ?
              
               (
               See
               it
               in
               a
               Charter
               of
               King
               Etbeldred
               in
               the
               Preface
               to
               Cokes
               6.
               
               Report
               ,
               &c.
               )
               But
               that
               which
               was
               after
               expressed
               by
               
                 Salvo
                 forinseco
                 :
                 Bracton
                 lib.
              
               2.
               cap.
               26.
               
               &
               35.
               12.
               
               Edw.
               1.
               
               Gard
               152.
               26.
               
               Ass
               .
               66.
               
               
                 Selden
                 Analect
                 .
                 Anglobrit
              
               .
               78.
               
            
             
               And
               therefore
               it
               was
               said
               that
               Sir
               
                 Henry
                 Spelman
              
               was
               mistaken
               ,
               who
               in
               his
               
                 Glossary
                 verbo
                 feudum
              
               ,
               refers
               the
               original
               of
               Feuds
               in
               England
               to
               the
               Norman
               Conquest
               .
            
             
               It
               is
               most
               manifest
               ,
               that
               Capite
               Tenures
               ,
               Tenures
               by
               Knights-service
               ,
               Tenures
               in
               
                 Socage
                 ,
                 Frank-almoigne
              
               ,
               &c.
               were
               frequent
               in
               the
               times
               of
               the
               Saxons
               .
            
             
               And
               if
               we
               will
               believe
               what
               is
               cited
               out
               of
               an
               old
               
                 French
                 Customary
              
               ,
               in
               a
               MS.
               
               
                 Treatise
                 of
                 the
                 Antiquity
                 of
                 Tenures
                 in
                 England
                 ,
              
               which
               is
               in
               many
               mens
               hands
               ,
               all
               those
               Tenures
               were
               in
               use
               long
               before
               the
               Saxons
               ,
               even
               in
               the
               times
               of
               the
               Britains
               ,
               there
               it
               is
               said
               ▪
               The
               first
               British
               King
               divided
               Britain
               into
               four
               parts
               ,
            
             
             
               And
               gave
               one
               part
               to
               the
               Arch-Flamines
               to
               pray
               for
               him
               and
               his
               posterity
               .
            
             
               A
               second
               part
               he
               gave
               to
               his
               Earls
               and
               Nobility
               to
               do
               him
               Knights-service
               .
            
             
               A
               third
               he
               divided
               among
               Husbandmen
               ,
               to
               hold
               of
               him
               in
               Socage
               .
            
             
               The
               fourth
               part
               he
               gave
               to
               Mechanical
               persons
               to
               hold
               in
               Burgage
               .
            
             
               But
               that
               Testimony
               was
               wav'd
               ,
               there
               being
               little
               certainty
               or
               truth
               in
               the
               
                 British
                 Story
              
               before
               the
               times
               of
               Caesar
               .
               Neither
               would
               they
               make
               use
               of
               that
               ,
               which
               we
               are
               taught
               by
               
                 William
                 Roville
              
               of
               Alenzon
               in
               his
               Preface
               to
               the
               Grand
               Customier
               of
               Normandy
               ,
               that
               all
               those
               Customs
               (
               among
               which
               these
               Tenures
               are
               )
               were
               first
               brought
               into
               Normandy
               out
               of
               England
               by
               Edward
               the
               Confessor
               .
            
             
               Besides
               ,
               that
               which
               hath
               been
               said
               ,
               we
               find
               Feuds
               both
               the
               name
               and
               thing
               in
               the
               Laws
               of
               those
               times
               ,
               among
               the
               Laws
               of
               Edward
               the
               Confessor
               ,
               cap.
               35.
               where
               it
               is
               thus
               provided
               ,
            
             
               Debent
               enim
               universi
               Liberi
               homines
               ,
               &
               secundum
               feodum
               suum
               ,
               &
               secundum
               tenementa
               sua
               ,
               Arma
               habere
               ,
               &
               illa
               semper
               prompta
               conservare
               ,
               ad
               tuitionem
               Regni
               ,
               &
               servitium
               dominorum
               suorum
               ,
               &c.
               Lambard
               .
               Archaionom
               .
               135.
               
            
             
               This
               Law
               was
               after
               confirmed
               by
               William
               the
               Conqueror
               ,
               
                 vid.
                 Cokes
                 Instit
                 .
                 Sect.
              
               103.
               
            
             
               As
               these
               Tenures
               were
               common
               in
               those
               times
               ,
               so
               were
               all
               the
               fruits
               of
               them
               ,
               
                 Homage
                 ,
                 Fealty
                 ,
                 Escuage
                 ,
                 Reliefs
                 ,
                 Wardships
                 .
              
            
             
               For
               Releifs
               ,
               we
               have
               full
               testimony
               in
               the
               Reliefs
               of
               their
               Earls
               and
               Thanes
               ,
               for
               which
               see
               the
               Laws
               of
               King
               
                 Canutus
                 ,
                 cap.
              
               66
               ,
               &
               69.
               
               The
               Laws
               of
               Edward
               the
               Confessor
               ,
               
                 cap.
                 de
                 Heterochiis
              
               ,
               And
               what
               out
               of
               the
               Book
               of
               
                 Dooms-day
                 Coke
              
               hath
               in
               his
               
                 Instit
                 .
                 Sect.
              
               103.
               
               Camden
               in
               Bark-shire
               .
               Selden
               in
               Eadmer
               .
               p.
               154.
               
            
             
               That
               Wardships
               were
               then
               in
               use
               ,
               and
               not
               brought
               in
               by
               the
               Normans
               ,
               as
               Camden
               in
               his
               Britt
               .
               178.
               
               Nor
               by
               Hen.
               III.
               as
               
                 Randolph
                 Higden
              
               in
               his
               Polichronicon
               ;
               and
               others
               (
               not
               understanding
               him
               )
               would
               perswade
               .
               
                 Vid.
                 Seldens
                 Notes
                 on
                 Fortescue
              
               .
               51.
               
            
             
               Among
               the
               priviledges
               granted
               by
               Edward
               the
               Confessor
               to
               the
               Cinque-ports
               ,
               we
               meet
               with
               this
               ,
               that
               their
               heirs
               shall
               shall
               not
               be
               in
               Ward
               .
               
                 Lambards
                 Perambulat
                 .
                 of
                 Kent
              
               .
               101.
               
            
             
               And
               in
               the
               Customs
               of
               Kent
               ,
               which
               are
               in
               the
               
                 Magna
                 Charta
              
               of
               Tottels
               Edition
               ,
               and
               in
               
                 Lambards
                 Perambulation
              
               ,
               
               There
               is
               a
               Rule
               for
               the
               Wardship
               of
               the
               heir
               in
               Gavelkind
               ,
               and
               that
               he
               shall
               not
               be
               marryed
               by
               the
               Lord.
               And
               those
               Customs
               say
               of
               themselves
               ,
               that
               they
               were
               
                 Devant
                 le
                 Conquest
                 ,
                 &
                 en
                 le
                 Conquest
                 .
              
            
             
               For
               the
               Antiquity
               of
               Wardships
               in
               England
               and
               Scotland
               ,
               see
               also
               
                 Hect.
                 Boet.
                 lib.
              
               11.
               
               
                 Buchanan
                 rerum
                 Scot.
                 lib.
              
               6.
               and
               the
               Laws
               of
               Malcolm
               II.
               which
               prove
               the
               Antiquity
               of
               Wardships
               in
               Scotland
               ,
               and
               therefore
               in
               England
               before
               the
               Norman
               Conquest
               ;
               for
               in
               those
               times
               it
               is
               probable
               the
               Laws
               of
               both
               Nations
               did
               not
               much
               differ
               ,
               as
               for
               the
               times
               after
               ,
               it
               appears
               they
               did
               not
               ,
               by
               comparing
               their
               
                 Regiam
                 Majestatem
              
               ,
               and
               our
               Glanvil
               .
               Neither
               is
               the
               bare
               conjecture
               of
               Sir
               
                 Henry
                 Spelman
              
               sufficient
               ,
               to
               take
               away
               the
               force
               of
               those
               Laws
               .
               
                 Vid.
                 Spelman
                 .
                 Glossar
                 .
                 verbo
                 Feudum
                 .
              
            
             
               
                 Upon
                 this
              
               (
               amongst
               other
               reasons
               )
               
                 they
                 did
                 conclude
              
               ,
               That
               upon
               consideration
               of
               the
               Authority
               given
               ,
               and
               Grant
               thereupon
               made
               ,
               the
               reservation
               of
               the
               Tenure
               cannot
               be
               said
               to
               be
               
                 Aliud
                 .
                 So.
              
               a
               separate
               and
               distinct
               thing
               from
               the
               Authority
               of
               Granting
               the
               Land
               ,
               but
               rather
               included
               within
               it
               .
               
                 And
                 that
                 the
                 Reservation
                 of
                 the
              
               Tenure
               ,
               
                 though
                 it
                 be
                 not
              
               Ipsa
               concessio
               ,
               
                 the
                 Grant
                 it self
                 ,
                 yet
                 it
                 is
              
               Modus
               concessionis
               ,
               
                 and
                 a
                 part
                 of
                 the
                 Grant
                 ;
                 and
                 that
                 therefore
                 the
                 Authority
                 being
                 not
                 pursued
                 in
                 that
                 ,
                 the
                 whole
                 Grant
                 is
                 void
                 .
              
            
             
               These
               were
               their
               Arguments
               for
               
                 Tenures
                 among
                 the
                 Saxons
              
               ;
               as
               they
               are
               set
               down
               in
               the
               Case
               it self
               ,
               drawn
               up
               and
               Printed
               by
               Order
               of
               the
               Lord
               Deputie
               .
               Sir
               
                 Henry
                 Spelman
              
               has
               severally
               consider'd
               both
               the
               Truth
               and
               Force
               of
               them
               ;
               not
               strictly
               confining
               himself
               to
               their
               Reasons
               and
               Reflections
               ,
               but
               taking
               occasion
               from
               thence
               to
               write
               a
               very
               elaborate
               Treatise
               of
               
                 the
                 Nature
                 and
                 Original
                 of
                 Feuds
                 and
                 Tenures
                 .
              
            
             
               The
               two
               discourses
               ,
               
                 Of
                 the
                 ancient
                 Government
                 of
                 England
                 ,
              
               and
               
                 Of
                 Parliaments
              
               ,
               are
               both
               of
               them
               publisht
               from
               the
               Original
               Manuscripts
               in
               the
               hands
               of
               Mr.
               
                 Charles
                 Spelman
              
               of
               Congham
               in
               Norfolk
               ,
               son
               of
               Sir
               
                 John
                 Spelman
              
               ,
               and
               Grandson
               to
               Sir
               Henry
               .
            
             
               That
               ,
               concerning
               the
               
                 Original
                 of
                 the
                 four
                 Terms
              
               ,
               was
               publisht
               in
               the
               Year
               1684.
               from
               a
               very
               uncorrect
               and
               imperfect
               Copy
               ,
               which
               probably
               had
               been
               taken
               ,
               when
               the
               Author
               first
               wrote
               the
               Discourse
               .
               The
               Original
               Manuscript
               (
               with
               very
               many
               Additions
               and
               Corrections
               ,
               that
               Sir
               Henry
               afterwards
               made
               in
               it
               )
               is
               preserv'd
               in
               the
               Bodleian
               Library
               ;
               from
               whence
               the
               Work
               is
               now
               printed
               entire
               .
            
             
               The
               
                 Apology
                 for
                 Arch-bishop
                 Abbot
              
               ,
               by
               an
               unknown
               Author
               ,
               and
               the
               Answer
               to
               it
               by
               Sir
               
                 Henry
                 Spelman
              
               ;
               are
               in
               the
               
               pos●ession
               of
               Mr.
               
                 Henry
                 Spelman
              
               (
               son
               to
               Mr.
               
                 Clement
                 Spelman
              
               ,
               who
               was
               Sir
               Henry's
               youngest
               son
               )
               both
               written
               with
               our
               Author
               's
               own
               hand
               .
               To
               this
               Answer
               he
               refers
               us
               in
               his
               
                 Glossary
                 ▪
              
               under
               the
               title
               
                 Muta
                 Canum
              
               .
            
             
               The
               Letters
               relating
               to
               the
               same
               subject
               ,
               are
               in
               a
               Collection
               of
               Original
               Papers
               and
               Records
               ,
               deliver'd
               to
               Mr.
               Wharton
               by
               Arch-bishop
               Sancroft
               ,
               and
               now
               in
               the
               hands
               of
               Mr.
               Ch●●wel
               .
            
             
               The
               Treatise
               of
               the
               
                 Original
                 of
                 Testaments
                 and
                 Wills
              
               ,
               and
               his
               Icenia
               ,
               or
               the
               description
               of
               
                 Norfolk
                 ▪
              
               are
               both
               publisht
               from
               the
               Author
               's
               own
               Copies
               ,
               in
               the
               Bodleian
               Library
               .
               The
               latter
               of
               these
               is
               not
               so
               compleat
               ,
               as
               he
               had
               intended
               to
               make
               it
               .
            
             
               The
               Catalogue
               of
               the
               
                 Earls
                 Marshal
              
               of
               England
               ,
               and
               the
               Dissertation
               
                 de
                 Milite
              
               ,
               were
               evidently
               design'd
               for
               a
               part
               of
               his
               Glossary
               ;
               as
               appears
               from
               the
               manner
               of
               the
               Composition
               ,
               and
               from
               several
               passages
               in
               them
               .
               But
               when
               the
               Papers
               were
               deliver'd
               to
               Sir
               
                 William
                 Dugdale
              
               ,
               for
               the
               publication
               of
               the
               second
               part
               of
               that
               Work
               ,
               these
               two
               (
               it
               seems
               )
               had
               been
               mislaid
               .
               The
               account
               of
               the
               
                 Earls
                 Marshal
              
               is
               (
               I
               fear
               )
               imperfect
               in
               some
               places
               ;
               but
               will
               however
               be
               of
               good
               use
               towards
               a
               more
               accurate
               Catalogue
               of
               them
               .
            
             
               The
               succession
               of
               the
               
                 Family
                 of
                 Sharnburn
              
               ,
               is
               a
               peice
               of
               Antiquity
               that
               was
               exceedingly
               valu'd
               by
               Sir
               
                 Henry
                 Spelman
              
               ;
               as
               appears
               both
               from
               his
               1
               Recommendation
               ,
               and
               from
               the
               use
               that
               he
               has
               made
               of
               it
               in
               some
               part
               of
               his
               Works
               .
               Having
               met
               with
               a
               Copy
               in
               Mr.
               
                 Ashmole's
                 Museum
              
               at
               Oxford
               ,
               I
               thought
               it
               might
               not
               be
               improper
               to
               publish
               it
               among
               his
               Remains
               .
            
             
               The
               Dialogue
               concerning
               the
               
                 Coin
                 of
                 the
                 Kingdom
              
               ,
               and
               the
               Catalogue
               of
               the
               Places
               of
               the
               Arch-bishops
               and
               Bishops
               of
               this
               Realm
               ;
               are
               in
               the
               possession
               of
               Mr.
               
                 Charles
                 Spelman
              
               .
               The
               first
               is
               written
               in
               a
               hand
               not
               unlike
               Sir
               
                 Henry
                 Spelman's
              
               ,
               only
               somewhat
               less
               ;
               which
               (
               if
               it
               was
               really
               his
               )
               may
               have
               been
               occasion'd
               by
               his
               writing
               it
               while
               he
               was
               young
               .
               For
               it
               2
               appears
               to
               have
               been
               compos'd
               in
               the
               36.
               of
               Elizabeth
               ;
               when
               Sir
               Henry
               was
               but
               about
               thirty
               three
               years
               of
               age
               .
               The
               Catalogue
               was
               drawn
               up
               3
               in
               the
               time
               of
               King
               
                 James
                 I.
              
               for
               the
               use
               of
               the
               then
               Arch-bishop
               of
               Canterbury
               ;
               as
               I
               gather
               from
               those
               words
               in
               the
               beginning
               ,
               written
               in
               a
               different
               hand
               ,
               
                 Pro
                 Domino
                 Archiepiscopo
                 Cantuar.
              
               I
               dare
               not
               positively
               affirm
               ,
               that
               either
               
               of
               these
               is
               Sir
               
                 Henry
                 Spelman's
              
               ;
               but
               the
               finding
               them
               among
               his
               other
               Papers
               ,
               and
               the
               accurate
               knowledge
               of
               our
               English
               affairs
               which
               appears
               in
               both
               ,
               incline
               me
               to
               believe
               that
               he
               was
               really
               the
               Author
               of
               them
               ;
               and
               for
               that
               reason
               ,
               they
               are
               printed
               upon
               this
               occasion
               .
            
             
               This
               is
               all
               I
               have
               to
               say
               concerning
               the
               
                 Posthumous
                 Works
              
               of
               Sir
               
                 Henry
                 Spelman
              
               ;
               which
               I
               was
               willing
               to
               make
               publick
               ,
               for
               the
               Author's
               reputation
               and
               the
               service
               of
               the
               World.
               
            
          
           
             
             
               THE
               LIFE
               OF
               Sir
               
                 Henry
                 Spelman
              
               Kt.
            
             
               
               
                 HENRY
                 SPELMAN
              
               was
               born
               at
               Congham
               ,
               a
               Town
               in
               Norfolk
               near
               Lynn
               .
               He
               was
               descended
               from
               an
               ancient
               Family
               of
               that
               name
               ;
               who
               ,
               about
               Henry
               the
               III's
               ▪
               time
               were
               seated
               in
               Hampshire
               ,
               but
               afterwards
               remov'd
               into
               Suffolk
               ,
               and
               from
               thence
               into
               Norfolk
               ,
               about
               200.
               years
               since
               .
               His
               Father's
               name
               was
               
                 Henry
                 Spelman
              
               
                 Esq
              
               as
               I
               learn
               from
               a
               Pedigree
               of
               the
               Family
               under
               Sir
               Henry's
               own
               hand
               ;
               and
               not
               John
               ,
               as
               a
               1
               late
               Writer
               has
               told
               us
               .
               His
               Mother
               was
               Frances
               ,
               daughter
               of
               
                 William
                 Sanders
              
               of
               Ewel
               in
               Surrey
               
                 Esq
              
               .
            
             
               
               After
               his
               Education
               at
               School
               ,
               he
               was
               sent
               to
               Trinity
               Colledge
               in
               Cambridge
               ,
               before
               he
               was
               quite
               15.
               years
               of
               Age
               ,
               and
               indeed
               (
               as
               he
               2
               himself
               complains
               )
               before
               he
               was
               ripe
               for
               the
               University
               .
               He
               had
               not
               stay'd
               there
               two
               years
               and
               a
               half
               ,
               but
               his
               Father
               dy'd
               ;
               and
               he
               was
               call'd
               home
               to
               assist
               his
               Mother
               in
               the
               management
               of
               the
               Family
               .
               Afterwards
               ,
               when
               he
               came
               into
               the
               World
               ,
               and
               betook
               himself
               to
               Writing
               ,
               and
               the
               study
               of
               our
               Laws
               ,
               he
               found
               the
               want
               of
               University
               Education
               ;
               and
               condoles
               his
               misfortune
               in
               that
               particular
               ,
               in
               a
               3
               Letter
               to
               his
               friend
               Mr.
               
                 Richard
                 Carew
              
               .
               Contrary
               to
               a
               perswasion
               ,
               very
               common
               now
               adays
               ,
               That
               
                 Philosophy
                 ,
                 Oratory
                 ,
                 Poetry
              
               ,
               and
               the
               other
               Exercises
               which
               take
               up
               the
               first
               four
               years
               in
               our
               Universities
               ,
               are
               altogether
               foreign
               to
               the
               business
               of
               Lawyers
               ;
               and
               that
               the
               study
               of
               them
               is
               so
               much
               loss
               of
               time
               ,
               to
               Gentlemen
               design'd
               for
               that
               honourable
               Profession
               .
            
             
               
               After
               he
               had
               continu'd
               at
               home
               about
               a
               twelve-month
               ,
               he
               was
               sent
               to
               study
               the
               Law
               at
               Lincoln's-Inn
               ;
               either
               with
               a
               design
               to
               practise
               it
               ,
               or
               (
               which
               is
               more
               likely
               )
               as
               a
               necessary
               
               accomplishment
               of
               an
               English
               Gentleman
               .
               There
               he
               stay'd
               almost
               three
               years
               ;
               but
               was
               then
               unhappily
               remov'd
               ,
               when
               we
               may
               imagine
               he
               began
               to
               relish
               the
               Law
               ,
               and
               in
               some
               measure
               to
               conquer
               the
               difficulties
               of
               it
               .
               Many
               years
               after
               ,
               we
               find
               him
               complaining
               of
               his
               hard
               Fortune
               ,
               in
               the
               Preface
               to
               his
               Glossary
               :
               and
               he
               concludes
               his
               complaint
               with
               a
               character
               of
               the
               Common-Law
               ,
               which
               I
               will
               here
               transcribe
               for
               the
               honour
               of
               the
               Profession
               .
               
                 Excussit
                 me
                 interea
                 è
                 Clientela
                 sua
              
               (
               speaking
               of
               the
               
                 Law
                 )
                 gratiae
                 ,
                 potestatis
                 ,
                 dignitatis
                 ,
                 immensaeque
                 apud
                 nos
                 largitrix
                 opulentiae
                 :
                 Illa
                 (
                 inquam
                 )
                 vestitu
                 simplici
                 &
                 inculto
                 ,
                 sed
                 jurium
                 omnium
                 Municipalium
                 (
                 absit
                 dictis
                 invidia
                 )
                 nobilissima
                 domina
                 ;
                 omni
                 utpote
                 justitia
                 ,
                 moderamine
                 ,
                 prudentia
                 ,
                 sublimique
                 acumine
                 (
                 temere
                 licet
                 eam
                 perstrinxerit
              
               Hottomannus
               )
               refertissima
               .
            
             
               
               He
               was
               about
               twenty
               years
               of
               Age
               ;
               and
               retiring
               into
               the
               Countrey
               ,
               married
               the
               eldest
               Daughter
               and
               Coheir
               of
               
                 John
                 Le
                 Strange
              
               ,
               a
               Gentleman
               of
               an
               ancient
               Family
               in
               Norfolk
               .
               By
               this
               match
               ,
               he
               became
               Guardian
               to
               Sir
               
                 Hamon
                 Le
                 Strange
              
               ;
               during
               whose
               Minority
               ,
               he
               liv'd
               at
               Hunstanton
               ,
               (
               the
               Seat
               of
               that
               Family
               ,
               )
               and
               was
               1
               High
               Sheriff
               of
               Norfolk
               .
               By
               degrees
               ,
               he
               begun
               to
               be
               taken
               notice
               of
               ,
               for
               his
               great
               Prudence
               and
               Abilities
               ▪
               and
               was
               accordingly
               ,
               three
               several
               times
               ,
               sent
               by
               the
               
               King
               into
               Ireland
               upon
               publick
               business
               .
               At
               home
               ,
               he
               was
               appointed
               one
               of
               the
               Commissioners
               
                 To
                 enquire
                 into
                 the
                 oppression
                 of
                 exacted
                 Fees
                 ,
              
               in
               all
               the
               Courts
               and
               Offices
               of
               England
               ,
               as
               well
               Ecclesiastical
               as
               Civil
               ;
               which
               a
               late
               2
               Author
               calls
               
                 A
                 noble
                 Examination
                 and
                 full
                 of
                 Justice
                 .
              
               To
               this
               business
               he
               gave
               his
               constant
               attendance
               for
               many
               years
               together
               ,
               with
               great
               integrity
               and
               application
               ;
               and
               the
               Government
               was
               so
               sensible
               of
               his
               good
               services
               ,
               that
               the
               Council
               procur'd
               his
               Majesties
               Writt
               of
               Privy
               Seal
               for
               300l.
               to
               be
               presented
               to
               him
               ;
               
                 not
                 as
                 a
                 full
                 Recompence
              
               (
               for
               so
               they
               declar'd
               )
               but
               only
               as
               an
               
                 occasional
                 Remembrance
              
               ,
               till
               they
               should
               have
               an
               opportunity
               of
               doing
               something
               for
               him
               ,
               that
               might
               be
               a
               more
               suitable
               consideration
               for
               his
               diligence
               ,
               in
               that
               and
               other
               publick
               Affairs
               .
               This
               attendance
               made
               him
               neglect
               his
               own
               private
               business
               ,
               to
               the
               great
               prejudice
               of
               his
               Family
               ;
               as
               he
               himself
               seems
               to
               complain
               ,
               in
               his
               Preface
               to
               the
               Glossary
               .
               And
               his
               eldest
               Son
               (
               Sir
               
                 John
                 Spelman
              
               )
               represented
               to
               the
               Privy
               Councel
               ,
               how
               much
               his
               Father's
               Estate
               had
               suffer'd
               by
               it
               ;
               appealing
               (
               for
               a
               proof
               of
               his
               great
               pains
               therein
               )
               to
               the
               knowledge
               of
               several
               of
               their
               Lordships
               ,
               to
               the
               Journals
               of
               that
               Commission
               ,
               and
               to
               his
               papers
               and
               collections
               relating
               to
               the
               same
               .
            
             
             
               
               I
               cannot
               give
               any
               particular
               account
               ,
               of
               the
               other
               publick
               Services
               wherein
               he
               was
               employ'd
               .
               He
               was
               Knighted
               by
               K.
               James
               ,
               who
               had
               a
               particular
               esteem
               for
               him
               ,
               as
               well
               on
               account
               of
               his
               known
               capacity
               for
               business
               ,
               as
               his
               great
               Learning
               in
               many
               kinds
               ;
               more
               especially
               in
               the
               Laws
               and
               Antiquities
               of
               our
               Nation
               .
               These
               ,
               for
               a
               good
               part
               of
               his
               Life
               ,
               he
               seems
               to
               have
               study'd
               for
               the
               service
               of
               his
               Prince
               ,
               and
               his
               own
               diversion
               ;
               but
               not
               with
               an
               eye
               to
               any
               particular
               design
               .
            
             
               
               When
               he
               was
               about
               50.
               years
               of
               Age
               ,
               he
               resolv'd
               to
               draw
               his
               affairs
               into
               as
               narrow
               a
               compass
               as
               might
               be
               ;
               with
               a
               full
               design
               to
               bestow
               the
               remainder
               of
               his
               time
               among
               Books
               and
               Learned
               Men.
               With
               this
               resolution
               he
               sold
               his
               Stock
               ,
               let
               his
               Estate
               ,
               quitted
               the
               Countrey
               ,
               and
               settl'd
               in
               London
               with
               his
               wife
               and
               family
               .
               His
               next
               business
               was
               (
               1
               as
               he
               himself
               tells
               us
               )
               to
               get
               together
               all
               such
               Books
               and
               Manuscripts
               ,
               as
               concern'd
               the
               subject
               of
               Antiquities
               ,
               whether
               foreign
               or
               domestick
               :
               For
               in
               these
               Enquiries
               he
               had
               ever
               had
               a
               particular
               delight
               ;
               and
               now
               being
               in
               a
               good
               measure
               free'd
               from
               the
               daily
               disturbances
               he
               was
               before
               exposed
               to
               ,
               it
               was
               natural
               for
               him
               to
               fall
               into
               a
               study
               ,
               to
               which
               his
               own
               genius
               had
               always
               led
               him
               .
            
             
               
               It
               is
               likely
               ,
               he
               had
               then
               a
               good
               understanding
               of
               the
               Laws
               and
               Customs
               of
               the
               Kingdom
               ;
               I
               mean
               the
               Modern
               part
               of
               them
               ,
               such
               as
               is
               commonly
               us'd
               in
               the
               ordinary
               practice
               of
               it
               .
               But
               such
               a
               general
               knowledge
               could
               not
               satisfie
               a
               Mind
               so
               curious
               ,
               and
               a
               Judgement
               so
               solid
               ,
               as
               his
               appears
               to
               have
               been
               ,
               in
               all
               his
               Writings
               .
               These
               inclin'd
               him
               to
               search
               into
               the
               Reasons
               and
               Foundations
               of
               the
               Law
               ,
               which
               he
               knew
               were
               not
               to
               be
               learnt
               ,
               but
               from
               the
               Customs
               and
               Histories
               of
               our
               Nation
               in
               all
               Ages
               ;
               nor
               these
               Usages
               to
               be
               trac'd
               out
               ,
               but
               by
               a
               strict
               examination
               of
               the
               most
               ancient
               Records
               and
               Manuscripts
               .
               And
               as
               his
               own
               inclination
               led
               him
               to
               this
               Enquiry
               ;
               so
               ,
               not
               troubling
               himself
               with
               the
               Practice
               of
               the
               Law
               ,
               but
               content
               to
               live
               quietly
               upon
               his
               own
               Estate
               ,
               he
               was
               perfectly
               at
               leasure
               to
               pursue
               it
               .
               And
               indeed
               (
               as
               the
               best
               things
               in
               this
               world
               are
               attended
               with
               inconveniences
               )
               it
               is
               very
               much
               to
               the
               disadvantage
               of
               the
               Law
               ,
               that
               those
               of
               the
               Long
               Robe
               ,
               who
               are
               best
               qualified
               to
               improve
               the
               knowledge
               of
               it
               from
               original
               Records
               ,
               are
               so
               much
               taken
               up
               with
               the
               business
               of
               their
               Profession
               ,
               that
               they
               have
               little
               time
               to
               bestow
               upon
               those
               matters
               .
               As
               on
               the
               other
               hand
               ,
               Men
               who
               are
               born
               to
               Leasure
               and
               Estates
               ,
               however
               inclinable
               they
               may
               be
               to
               the
               more
               polite
               parts
               of
               Learning
               ,
               do
               seldom
               care
               to
               engage
               in
               a
               study
               ,
               which
               at
               first
               sight
               seems
               to
               be
               so
               rough
               and
               tedious
               .
               Thus
               ,
               
               the
               one
               wants
               Leasure
               ,
               and
               the
               other
               Resolution
               ;
               and
               so
               the
               Monuments
               of
               our
               Fore-fathers
               being
               neglected
               ,
               we
               are
               depriv'd
               of
               a
               great
               deal
               of
               useful
               knowledge
               ▪
               that
               might
               be
               drawn
               from
               them
               .
               It
               was
               the
               happiness
               of
               Sir
               
                 Henry
                 Spelman
              
               (
               and
               much
               more
               ,
               of
               the
               
                 English
                 Nation
              
               )
               that
               he
               had
               both
               time
               and
               inclination
               to
               do
               it
               ;
               I
               mean
               ,
               to
               examine
               the
               ancient
               Laws
               and
               Monuments
               ,
               not
               only
               of
               our
               own
               ,
               but
               also
               of
               most
               other
               Northern
               Kingdoms
               .
               Particularly
               ,
               he
               was
               very
               well
               versed
               in
               the
               old
               
                 Feudal
                 law
              
               ;
               and
               has
               shewn
               us
               in
               a
               Discourse
               upon
               that
               head
               ,
               how
               most
               of
               the
               Tenures
               here
               in
               England
               ,
               have
               their
               foundation
               from
               thence
               .
               This
               near
               relation
               between
               their
               Customs
               and
               our
               Constitutions
               ,
               made
               him
               1
               
                 many
                 times
                 marvel
                 ,
                 that
                 my
                 Lord
              
               Cooke
               
                 adorning
                 our
                 Law
                 with
                 so
                 many
                 flowers
                 of
                 Antiquity
                 and
                 foreign
                 learning
                 ,
                 should
                 not
                 turn
                 aside
                 into
                 this
                 field
                 ,
                 from
                 whence
                 so
                 many
                 roots
                 of
                 our
                 Law
                 have
                 of
                 old
                 been
                 taken
                 and
                 transplanted
                 .
                 And
                 I
                 wish
              
               (
               so
               he
               goes
               on
               )
               
                 some
                 worthy
                 Lawyer
                 would
                 read
                 them
                 diligently
                 ,
                 and
                 shew
                 the
                 several
                 heads
                 ,
                 from
                 whence
                 these
                 of
                 ours
                 are
                 taken
                 .
                 They
                 beyond
                 the
                 seas
                 ,
                 are
                 not
                 only
                 diligent
                 ,
                 but
                 very
                 curious
                 in
                 this
                 kind
                 ;
                 but
                 we
                 are
                 all
                 for
                 profit
                 ,
                 taking
                 what
                 we
                 find
                 at
                 market
                 ,
                 without
                 enquiring
                 from
                 whence
                 it
                 came
                 .
              
               With
               this
               honest
               freedom
               does
               he
               censure
               his
               own
               times
               .
               Not
               but
               then
               (
               as
               well
               as
               now
               )
               the
               studies
               to
               which
               he
               directs
               ,
               were
               pursu'd
               and
               encourag'd
               by
               Persons
               of
               the
               highest
               Stations
               in
               the
               Law
               ;
               and
               some
               of
               them
               were
               so
               far
               concern'd
               for
               the
               improvement
               of
               ancient
               Learning
               ,
               that
               they
               form'd
               themselves
               into
               a
               Society
               of
               Antiquaries
               for
               that
               purpose
               :
               as
               we
               learn
               from
               Sir
               Henry's
               Introduction
               to
               his
               Law-terms
               .
               With
               this
               design
               of
               understanding
               the
               foundation
               of
               our
               Laws
               ,
               Ecclesiastical
               as
               well
               as
               Civil
               ;
               he
               read
               over
               the
               
                 Fathers
                 ,
                 Councils
              
               ,
               and
               as
               many
               of
               the
               middle-age
               Historians
               as
               he
               could
               meet
               with
               ,
               whether
               foreign
               or
               domestick
               ,
               Printed
               or
               Manuscript
               .
               The
               roughness
               of
               style
               could
               not
               be
               very
               pleasing
               ;
               but
               that
               which
               chiefly
               discourag'd
               him
               ,
               was
               the
               great
               number
               of
               strange
               and
               obsolete
               words
               ;
               which
               are
               very
               hard
               to
               be
               understood
               ,
               and
               yet
               oftentimes
               are
               so
               considerable
               ,
               that
               the
               meaning
               of
               the
               whole
               sentence
               depends
               upon
               them
               .
               However
               ,
               he
               went
               forward
               ;
               and
               where
               he
               met
               with
               any
               such
               word
               ,
               set
               it
               down
               in
               it's
               proper
               order
               ;
               with
               a
               distinct
               reference
               to
               the
               place
               :
               till
               by
               degrees
               he
               had
               collected
               a
               variety
               of
               instances
               ,
               and
               by
               comparing
               the
               several
               passages
               where
               the
               same
               word
               occurr'd
               ,
               was
               able
               to
               give
               a
               tolerable
               conjecture
               at
               the
               true
               signification
               .
               After
               he
               had
               made
               a
               considerable
               collection
               of
               this
               kind
               ,
               and
               
               observ'd
               how
               by
               this
               means
               the
               reading
               of
               the
               old
               Historians
               became
               every
               day
               more
               easie
               and
               pleasant
               ;
               he
               begun
               to
               digest
               his
               materials
               ;
               and
               from
               the
               several
               quotations
               ,
               to
               draw
               a
               judgement
               of
               the
               strict
               acceptation
               of
               each
               word
               ,
               in
               the
               respective
               Ages
               wherein
               it
               was
               used
               .
               For
               he
               consider'd
               ,
               that
               what
               had
               been
               a
               discouragement
               to
               him
               ,
               would
               be
               so
               to
               others
               too
               ;
               and
               that
               a
               work
               of
               this
               nature
               ,
               would
               remove
               one
               of
               the
               greatest
               difficulties
               in
               the
               reading
               of
               our
               old
               Historians
               .
               But
               tho'
               a
               number
               of
               instances
               gave
               him
               good
               satisfaction
               ,
               as
               to
               the
               several
               Words
               ;
               yet
               finding
               that
               many
               of
               our
               Laws
               since
               the
               Conquest
               are
               drawn
               from
               the
               Constitution
               of
               the
               Saxons
               ,
               and
               that
               many
               obsolete
               Terms
               in
               our
               Latin
               Historians
               must
               be
               of
               a
               pure
               Saxon
               Original
               ;
               he
               despair'd
               of
               ever
               accomplishing
               his
               design
               ,
               for
               want
               of
               understanding
               that
               Language
               .
               At
               least
               ,
               he
               was
               certain
               ,
               that
               the
               knowledge
               of
               it
               must
               needs
               lead
               him
               to
               a
               clearer
               interpretation
               of
               many
               obscure
               passages
               ,
               and
               enable
               him
               (
               throughout
               the
               whole
               Work
               )
               to
               deliver
               his
               Opinion
               with
               a
               better
               assurance
               .
               This
               Language
               ,
               at
               that
               time
               ,
               was
               not
               to
               be
               learnt
               without
               great
               difficulty
               :
               Little
               assistance
               was
               to
               be
               expected
               from
               conversation
               ,
               in
               a
               study
               which
               few
               People
               of
               that
               Age
               ever
               minded
               .
               Nor
               had
               he
               the
               directions
               either
               of
               Grammar
               or
               Dictionary
               ;
               as
               we
               at
               this
               day
               are
               accommodated
               with
               both
               ,
               very
               accurate
               in
               their
               kind
               .
               However
               ,
               he
               set
               heartily
               about
               it
               ;
               and
               tho'
               ,
               I
               think
               ,
               he
               never
               perfectly
               conquer'd
               it
               ;
               yet
               (
               under
               so
               many
               inconveniencies
               )
               it
               is
               a
               greater
               wonder
               that
               he
               should
               attain
               so
               good
               a
               knowledge
               ,
               than
               that
               he
               should
               not
               make
               himself
               an
               absolute
               Master
               of
               it
               .
            
             
               
               After
               he
               had
               made
               large
               Collections
               ,
               and
               got
               tolerable
               knowledge
               of
               the
               Saxon
               Tongue
               ;
               he
               resolv'd
               to
               go
               on
               with
               his
               undertaking
               :
               but
               because
               he
               would
               not
               depend
               altogether
               upon
               his
               own
               Judgement
               ,
               he
               Printed
               a
               sheet
               or
               two
               for
               a
               Specimen
               ,
               whereby
               his
               Friends
               might
               be
               able
               to
               give
               him
               their
               opinion
               of
               the
               design
               .
               1
               He
               was
               encourag'd
               ,
               on
               all
               hands
               by
               the
               most
               Learned
               Persons
               of
               that
               Age
               ;
               at
               home
               by
               Archbishop
               Usher
               ,
               Bishop
               Williams
               then
               Lord
               Keeper
               ,
               Mr.
               Selden
               ,
               and
               Sir
               Robert
               Cotton
               ;
               abroad
               ,
               by
               
                 Rigaltius
                 ,
                 Salmasius
                 ,
                 Piereschius
              
               ,
               and
               others
               ;
               as
               also
               
                 Bignonius
                 ,
                 Meursius
              
               ,
               and
               Lindenbrogius
               ,
               whose
               assistances
               he
               very
               gratefully
               acknowledges
               ,
               in
               his
               Preface
               to
               the
               work
               .
               2
               Upon
               their
               encouragement
               ,
               he
               prepar'd
               part
               of
               it
               for
               the
               Press
               ,
               and
               offer'd
               the
               whole
               Copy
               to
               Mr.
               Bill
               the
               King's
               Printer
               .
               He
               was
               very
               moderate
               in
               his
               demands
               ;
               desiring
               only
               five
               pound
               ,
               in
               consideration
               of
               his
               
               labour
               ,
               and
               that
               too
               to
               be
               paid
               him
               in
               Books
               .
               But
               Mr.
               Bill
               absolutely
               refus'd
               to
               meddle
               with
               it
               ;
               knowing
               it
               to
               be
               upon
               a
               subject
               out
               of
               the
               common
               road
               ,
               and
               not
               likely
               to
               prove
               a
               saleable
               work
               .
               So
               that
               Sir
               Henry
               was
               forc'd
               to
               carry
               it
               on
               at
               his
               own
               charge
               ;
               and
               in
               the
               year
               1626.
               publisht
               the
               first
               part
               of
               it
               ,
               to
               the
               end
               of
               the
               Letter
               L.
               Why
               he
               went
               no
               farther
               ,
               I
               cannot
               tell
               ;
               nor
               has
               he
               so
               much
               as
               hinted
               to
               the
               cause
               of
               it
               ,
               either
               in
               his
               Preface
               ,
               or
               any
               part
               of
               his
               works
               ,
               that
               I
               know
               of
               .
               Monsieur
               
                 du
                 Fresne
              
               (
               who
               very
               much
               laments
               that
               he
               should
               not
               publish
               the
               second
               part
               himself
               )
               fancies
               that
               his
               design
               of
               compiling
               the
               
                 English
                 Councils
              
               ,
               might
               be
               the
               occasion
               of
               his
               breaking
               off
               in
               the
               middle
               of
               his
               Glossary
               .
               But
               't
               is
               not
               likely
               ,
               that
               a
               Person
               of
               Sir
               
                 Henry
                 Spelman's
              
               settl'd
               Temper
               and
               Resolution
               ,
               should
               leave
               one
               work
               imperfect
               ,
               to
               make
               way
               for
               another
               .
               I
               have
               heard
               it
               affirm'd
               by
               others
               ,
               that
               he
               stopped
               at
               the
               Letter
               M.
               because
               he
               had
               said
               somethings
               under
               
                 Magna
                 Charta
              
               ,
               and
               
                 Magnum
                 Consilium
              
               ,
               that
               his
               Friends
               were
               afraid
               might
               give
               offence
               .
               But
               I
               believe
               ,
               the
               true
               reason
               was
               this
               :
               Printing
               it
               at
               his
               own
               charge
               ,
               he
               must
               have
               laid
               out
               a
               considerable
               summ
               upon
               the
               first
               part
               ,
               and
               having
               a
               large
               Family
               ,
               there
               was
               no
               reason
               why
               he
               should
               venture
               as
               much
               more
               ,
               without
               the
               prospect
               of
               a
               quicker
               return
               ,
               than
               either
               the
               coldness
               of
               the
               Bookseller
               ,
               or
               the
               nature
               of
               the
               work
               gave
               him
               .
               It
               fell
               out
               accordingly
               ;
               for
               ,
               eleven
               years
               after
               ,
               the
               greatest
               part
               of
               the
               Impression
               remain'd
               unsold
               ;
               till
               in
               1637.
               two
               of
               the
               London
               Booksellers
               took
               it
               off
               his
               hands
               .
               And
               (
               tho'
               he
               should
               afterwards
               have
               had
               encouragement
               to
               go
               forward
               )
               that
               was
               not
               a
               time
               to
               speak
               freely
               ,
               either
               of
               the
               King's
               Prerogative
               or
               the
               Liberties
               of
               the
               Subject
               ;
               both
               which
               would
               upon
               many
               occasions
               fall
               in
               his
               way
               .
               Besides
               ,
               that
               the
               finishing
               the
               second
               part
               ,
               with
               the
               same
               copiousness
               and
               accuracy
               as
               he
               had
               done
               the
               first
               ,
               would
               have
               been
               too
               heavy
               a
               task
               for
               a
               Man
               of
               his
               great
               Age.
               
            
             
               The
               Author
               has
               told
               us
               in
               an
               Advertisement
               before
               the
               book
               ,
               that
               he
               chose
               to
               entitle
               his
               work
               Archaeologus
               ,
               rather
               than
               Glossarium
               ,
               as
               we
               commonly
               call
               it
               .
               For
               a
               Glossary
               ,
               strictly
               speaking
               ,
               is
               no
               more
               than
               a
               bare
               explication
               of
               Words
               ;
               whereas
               This
               does
               more
               especially
               treat
               of
               Things
               ,
               and
               contains
               entire
               Discourses
               and
               Dissertations
               upon
               several
               of
               the
               heads
               therein
               mention'd
               .
               For
               which
               reason
               ,
               it
               is
               not
               only
               to
               be
               consulted
               upon
               occasion
               ,
               like
               our
               common
               Lexicons
               ;
               but
               ought
               to
               be
               carefully
               perus'd
               and
               study'd
               ,
               as
               the
               greatest
               Treasure
               extant
               ,
               of
               the
               ancient
               Customs
               and
               Constitutions
               of
               England
               .
               Before
               the
               Edition
               of
               1626.
               he
               has
               this
               remarkable
               Dedication
               :
            
             
               
               
                 Deo
                 ,
                 Ecclesiae
                 ,
                 Literarum
                 Reipub.
                 
                 Sub
                 protestatione
                 de
                 addendo
                 ,
                 retrahendo
                 ,
                 corrigendo
                 ,
                 poliendo
                 ,
                 
                 Prout
                 opus
                 fuerit
                 &
                 consultius
                 videbitur
                 ;
                 
                 Deo
                 clementissime
                 annuente
                 ,
                 
                 
                   HENRICUS
                   SPELMANNUS
                
                 Omni
                 supplex
                 humilitate
                 D.
                 D.
                 
              
            
             
               I
               have
               therefore
               set
               it
               down
               at
               large
               ,
               because
               in
               the
               Editions
               of
               1664.
               and
               1687.
               they
               have
               thought
               fit
               to
               omit
               it
               :
               and
               I
               would
               not
               have
               the
               good
               Man
               depriv'd
               of
               such
               a
               publick
               testimony
               of
               his
               Modesty
               ,
               and
               love
               for
               Truth
               .
            
             
               
               About
               the
               Year
               1637.
               
               Sir
               
                 William
                 Dugdale
              
               acquainted
               our
               Author
               ,
               that
               many
               Learned
               Men
               were
               very
               desirous
               to
               see
               the
               Second
               Part
               publisht
               ;
               and
               requested
               of
               him
               to
               gratifie
               the
               world
               with
               the
               Work
               entire
               .
               Upon
               that
               ,
               he
               show'd
               him
               the
               Second
               part
               ;
               as
               also
               the
               improvements
               that
               he
               had
               made
               upon
               the
               First
               :
               but
               withall
               told
               him
               ,
               what
               great
               discouragements
               he
               had
               met
               with
               from
               the
               Booksellers
               .
               So
               ,
               for
               that
               time
               ,
               the
               matter
               rested
               ;
               and
               upon
               the
               Author's
               death
               ,
               all
               the
               papers
               came
               into
               the
               hands
               of
               his
               eldest
               Son
               Sir
               
                 John
                 Spelman
              
               ;
               a
               Gentleman
               who
               had
               sufficient
               parts
               and
               abilities
               ,
               to
               compleat
               what
               his
               Father
               had
               begun
               ,
               if
               death
               had
               not
               prevented
               him
               .
            
             
               After
               the
               Restoration
               of
               King
               Charles
               II.
               Arch-bishop
               Sheldon
               and
               the
               Lord
               Chancellor
               Hyde
               ,
               enquir'd
               of
               Sir
               
                 William
                 Dugdale
              
               ,
               what
               became
               of
               the
               Second
               part
               of
               the
               Glossary
               ,
               or
               whether
               it
               was
               ever
               finisht
               .
               He
               told
               them
               that
               it
               was
               finisht
               by
               the
               Author
               ,
               and
               that
               the
               Copy
               was
               in
               the
               hands
               of
               Mr.
               
                 Charles
                 Spelman
              
               ,
               Grandson
               to
               Sir
               Henry
               .
               They
               desir'd
               ,
               that
               it
               might
               by
               all
               means
               be
               printed
               ,
               and
               that
               he
               would
               prevail
               upon
               Mr.
               Spelman
               to
               do
               it
               ;
               for
               the
               Service
               of
               the
               Publick
               and
               the
               honour
               of
               his
               Grandfather
               .
               Whereupon
               ,
               having
               got
               a
               good
               number
               of
               Subscriptions
               ,
               the
               management
               of
               that
               whole
               affair
               was
               referr'd
               to
               Sir
               
                 William
                 Dugdale
              
               ;
               as
               well
               to
               treat
               with
               the
               Booksellers
               ,
               as
               to
               prepare
               the
               Copy
               for
               the
               Press
               .
            
             
               The
               share
               that
               Sir
               
                 William
                 Dugdale
              
               had
               ,
               in
               the
               publication
               of
               this
               Second
               Part
               ,
               has
               been
               made
               the
               ground
               of
               a
               suspicion
               ,
               that
               he
               inserted
               many
               things
               of
               his
               own
               ,
               that
               were
               not
               in
               Sir
               
                 Henry
                 Spelman's
              
               Copy
               ;
               and
               particularly
               ,
               some
               passages
               which
               tend
               to
               the
               enlargement
               of
               the
               Prerogative
               in
               opposition
               to
               the
               Liberties
               of
               the
               Subject
               .
               The
               objection
               has
               been
               rais'd
               on
               occasion
               of
               a
               1
               Controversie
               ,
               about
               the
               Antiquity
               of
               the
               Commons
               
               in
               Parliament
               ;
               the
               Authority
               of
               Sir
               Henry
               being
               urg'd
               ,
               to
               prove
               that
               there
               was
               no
               such
               thing
               as
               a
               
                 House
                 of
                 Commons
              
               till
               the
               time
               of
               Henry
               III.
               It
               is
               agreed
               on
               all
               hands
               ,
               that
               this
               Learned
               Knight
               was
               a
               very
               competent
               Judge
               of
               that
               Controversie
               ;
               that
               as
               he
               had
               thoroughly
               study'd
               our
               Constitution
               ,
               so
               he
               always
               writ
               without
               partiality
               or
               prejudice
               ;
               that
               he
               was
               not
               engag'd
               in
               a
               party
               ,
               nor
               had
               any
               other
               design
               but
               to
               publish
               the
               truth
               fairly
               and
               honestly
               ,
               as
               he
               found
               it
               asserted
               by
               the
               best
               Historians
               .
               Upon
               these
               grounds
               ,
               his
               Opinion
               in
               matters
               of
               this
               nature
               ,
               has
               ever
               been
               thought
               confiderable
               ;
               and
               his
               bare
               Judgement
               will
               always
               be
               valu'd
               ,
               when
               we
               can
               be
               sure
               that
               it
               is
               his
               own
               .
               And
               there
               can
               be
               no
               doubt
               ,
               but
               his
               Assertions
               under
               the
               Title
               Parlamentum
               (
               upon
               which
               the
               controversie
               is
               rais'd
               )
               are
               his
               own
               ,
               and
               not
               an
               interpolation
               of
               Sir
               
                 William
                 Dugdale's
              
               .
               For
               the
               very
               Copy
               from
               which
               it
               was
               Printed
               ,
               is
               in
               the
               Bodleian
               Library
               ,
               in
               Sir
               
                 Henry
                 Spelman's
              
               own
               hand
               ;
               and
               agrees
               exactly
               with
               the
               Printed
               Book
               :
               particularly
               ,
               in
               the
               passages
               under
               dispute
               ,
               they
               are
               the
               same
               ,
               word
               for
               word
               .
               So
               far
               then
               as
               this
               Copy
               goes
               (
               for
               it
               ends
               at
               the
               word
               
                 Riota
                 ,
              
               )
               it
               is
               a
               certain
               testimony
               ,
               that
               Sir
               
                 William
                 Dugdale
              
               did
               no
               more
               than
               mark
               it
               for
               the
               Printer
               ,
               and
               transcribe
               here
               and
               there
               a
               loose
               paper
               .
               And
               tho'
               the
               rest
               of
               the
               Copy
               was
               lost
               ,
               before
               it
               came
               to
               the
               Oxford
               Library
               ,
               and
               so
               we
               have
               not
               the
               same
               authority
               for
               the
               Glossarie's
               being
               genuine
               ,
               after
               the
               Letter
               R
               ;
               yet
               it
               is
               not
               likely
               that
               Sir
               William
               had
               any
               more
               share
               in
               the
               seven
               last
               Letters
               of
               the
               Alphabet
               ,
               than
               he
               had
               in
               the
               others
               .
               For
               all
               the
               parts
               of
               such
               a
               Work
               must
               be
               carry'd
               on
               at
               the
               same
               time
               ;
               and
               so
               ,
               to
               be
               sure
               ,
               the
               Author
               left
               equal
               materials
               for
               the
               whole
               .
               The
               Gentleman
               also
               ,
               who
               is
               concern'd
               to
               prove
               the
               
                 Second
                 Part
              
               to
               be
               all
               genuine
               ,
               has
               urg'd
               Sir
               
                 William
                 Dugdale's
              
               own
               authority
               for
               it
               ;
               and
               that
               too
               while
               he
               was
               living
               1
               .
               Then
               ,
               I
               have
               seen
               a
               Letter
               from
               Sir
               
                 William
                 Dugdale
              
               to
               Mr.
               Spelman
               ,
               giving
               him
               an
               account
               of
               the
               great
               losses
               he
               had
               sustain'd
               by
               the
               Fire
               of
               London
               ,
               and
               the
               pains
               he
               had
               taken
               in
               the
               publication
               of
               the
               Councils
               and
               Glossary
               .
               As
               to
               the
               former
               ,
               he
               expresly
               lays
               claim
               to
               the
               better
               half
               of
               it
               ,
               as
               his
               own
               Work
               and
               Collection
               ;
               adding
               ,
               that
               
                 if
                 the
                 Impression
                 had
                 not
                 perisht
                 ,
                 in
                 all
                 right
                 and
                 reason
                 he
                 ought
                 to
                 have
                 had
                 consideration
                 for
                 the
                 same
                 ;
                 as
                 also
              
               (
               so
               he
               goes
               on
               )
               
                 for
                 my
                 pains
                 in
                 fitting
                 the
                 Copy
                 of
                 the
                 Glossary
                 for
                 the
                 Printer
                 ,
                 by
                 marking
                 it
                 for
                 the
                 difference
                 of
                 Letter
                 ,
                 and
                 introducing
                 and
                 transcribing
                 those
                 loose
                 papers
                 left
                 by
                 your
                 Grandfather
                 ,
                 without
                 fit
                 
                 directions
                 where
                 they
                 should
                 come
                 in
                 .
              
               This
               is
               all
               that
               he
               pretends
               to
               ,
               in
               the
               Glossary
               ;
               and
               if
               he
               had
               any
               further
               share
               in
               it
               ,
               t
               is
               likely
               he
               would
               have
               insisted
               upon
               it
               ,
               on
               this
               occasion
               ;
               to
               convince
               Mr.
               Spelman
               the
               more
               effectually
               of
               the
               good
               services
               he
               had
               done
               him
               in
               that
               business
               .
            
             
               I
               have
               been
               the
               more
               particular
               in
               this
               matter
               ,
               because
               if
               it
               should
               appear
               in
               the
               main
               ,
               that
               Sir
               William
               had
               taken
               the
               liberty
               of
               adding
               or
               altering
               ;
               every
               single
               passage
               after
               would
               be
               lyable
               to
               suspicion
               ,
               and
               the
               authority
               of
               the
               whole
               very
               much
               weaken'd
               .
               For
               tho'
               that
               worthy
               Person
               was
               extremely
               well
               vers'd
               in
               our
               English
               affairs
               ;
               yet
               it
               must
               be
               own'd
               ,
               that
               Sir
               
                 Henry
                 Spelman
              
               was
               a
               better
               judge
               of
               our
               ancient
               Customs
               and
               Constitutions
               ;
               and
               consequently
               ,
               whatever
               he
               delivers
               as
               his
               opinion
               ,
               ought
               to
               be
               allow'd
               a
               proportionable
               authority
               .
               Had
               he
               put
               his
               last
               hand
               to
               this
               Second
               Part
               ,
               the
               Glossary
               (
               as
               it
               is
               now
               printed
               together
               )
               would
               have
               made
               a
               much
               nobler
               Work.
               But
               the
               latter
               part
               ,
               in
               comparison
               of
               the
               other
               ,
               is
               jejune
               and
               scanty
               ;
               and
               every
               one
               must
               see
               ,
               that
               it
               is
               little
               more
               than
               a
               collection
               of
               Materials
               ,
               out
               of
               which
               he
               intended
               to
               compose
               such
               Discourses
               ,
               as
               he
               has
               all
               along
               given
               us
               in
               the
               First
               Part
               ,
               under
               the
               words
               that
               are
               most
               remarkable
               .
               It
               was
               my
               good
               fortune
               ,
               among
               others
               of
               his
               papers
               ,
               to
               meet
               with
               two
               of
               these
               Dissertations
               ,
               
                 De
                 Marescallis
                 Angliae
              
               and
               
                 De
                 Milite
              
               ;
               which
               are
               publisht
               among
               these
               Remains
               for
               the
               present
               ,
               and
               will
               be
               of
               use
               hereafter
               ,
               in
               a
               new
               Edition
               of
               the
               Glossary
               ;
               as
               properly
               belonging
               to
               it
               ,
               and
               originally
               design'd
               for
               it
               by
               the
               Author
               .
            
             
               
               Tho'
               it
               is
               not
               likely
               that
               he
               should
               lay
               aside
               his
               Glossary
               ,
               for
               the
               sake
               of
               the
               Councils
               ;
               yet
               it
               is
               certain
               ,
               that
               he
               enter'd
               upon
               this
               latter
               Work
               ,
               before
               the
               Glossary
               was
               finisht
               1
               .
               He
               was
               particularly
               encourag'd
               in
               it
               ,
               by
               Dr.
               
                 George
                 Abbot
              
               and
               Dr.
               
                 William
                 Laud
              
               ,
               successively
               Arch-bishops
               of
               Canterbury
               ;
               and
               above
               all
               ,
               by
               the
               most
               Learned
               Primate
               of
               Armagh
               ,
               Archbishop
               Usher
               .
               And
               in
               his
               Preface
               ,
               he
               tells
               us
               that
               he
               was
               much
               confirm'd
               in
               his
               design
               ,
               by
               what
               he
               had
               heard
               from
               Dr.
               Wren
               ,
               first
               ,
               Bishop
               of
               Norwich
               ,
               and
               afterwards
               of
               Ely.
               He
               told
               him
               ,
               how
               Dr.
               Andrews
               (
               the
               then
               late
               Bishop
               of
               Winchester
               )
               had
               been
               reflecting
               with
               great
               concern
               ,
               upon
               the
               diligence
               of
               the
               
                 Germans
                 ,
                 French
                 ,
                 Italians
              
               ,
               and
               other
               Nations
               ,
               in
               publishing
               the
               Histories
               and
               Decrees
               of
               their
               respective
               Synods
               ;
               whilst
               the
               English
               (
               who
               had
               a
               greater
               plenty
               of
               Evidences
               both
               in
               Ecclesiastical
               and
               Civil
               affairs
               ,
               than
               any
               of
               their
               Neighbours
               )
               had
               never
               so
               much
               as
               attempted
               such
               a
               publick
               Service
               to
               
               their
               Church
               ,
               Upon
               that
               occasion
               ,
               the
               good
               Bishop
               desired
               Dr.
               Wren
               ,
               that
               for
               the
               credit
               of
               the
               Kingdom
               and
               the
               honour
               of
               Religion
               ,
               he
               would
               think
               of
               such
               an
               Undertaking
               ;
               and
               lest
               it
               should
               prove
               too
               tedious
               for
               any
               single
               hand
               ,
               that
               he
               would
               draw
               to
               his
               assistance
               a
               convenient
               number
               of
               Men
               ,
               of
               sufficient
               Learning
               and
               Judgement
               for
               a
               Work
               of
               that
               nature
               .
               Upon
               this
               request
               ,
               he
               promis'd
               to
               consider
               of
               it
               ;
               and
               had
               proceeded
               ,
               but
               that
               the
               Bishop
               excus'd
               him
               ,
               upon
               an
               assurance
               ,
               that
               Sir
               
                 Henry
                 Spelman
              
               was
               engag'd
               in
               the
               same
               design
               .
               Sir
               Henry
               having
               been
               told
               this
               passage
               by
               the
               Bishop
               of
               Norwich
               ,
               with
               great
               modesty
               express'd
               his
               concern
               ,
               for
               taking
               the
               Work
               out
               of
               much
               abler
               hands
               .
               But
               since
               it
               had
               hapen'd
               so
               ,
               he
               did
               not
               any
               longer
               look
               upon
               it
               as
               a
               matter
               of
               choice
               ,
               whether
               or
               no
               he
               should
               go
               forward
               ;
               but
               thought
               he
               was
               bound
               in
               justice
               to
               make
               the
               best
               satisfaction
               he
               was
               able
               ,
               for
               depriving
               the
               Church
               of
               the
               joint
               labours
               of
               so
               many
               Learned
               Men.
               
            
             
               
                 He
                 branch'd
                 his
                 Undertaking
                 into
                 three
                 parts
                 ;
                 assigning
                 an
                 entire
                 Volume
                 to
                 each
                 Division
                 :
                 1.
                 
              
               From
               the
               first
               Plantation
               of
               Christianity
               ,
               to
               the
               coming
               in
               of
               the
               Conqueror
               ,
               in
               1066.
               2d
               .
               From
               the
               Norman
               Conquest
               ,
               till
               the
               casting
               off
               the
               Pope's
               Supremacy
               ,
               and
               the
               dissolution
               of
               Monasteries
               by
               King
               
                 Henry
                 VIII
              
               .
               3d.
               The
               History
               of
               the
               
                 Reform'd
                 English
                 Church
              
               ,
               from
               
                 Henry
                 VIII
              
               .
               to
               his
               own
               time
               .
            
             
               
               The
               Volume
               containing
               the
               First
               of
               these
               Heads
               ,
               was
               publisht
               in
               the
               Year
               1639.
               (
               about
               two
               years
               before
               his
               death
               )
               with
               his
               own
               Annotations
               upon
               the
               more
               difficult
               places
               .
               He
               confesses
               ,
               that
               it
               would
               have
               been
               impossible
               for
               him
               to
               finish
               it
               ,
               without
               the
               assistance
               of
               his
               own
               son
               and
               Mr.
               
                 Jerem
                 .
                 Stephens
              
               .
               Of
               the
               former
               of
               these
               we
               have
               occasion
               to
               speak
               more
               at
               large
               ,
               among
               Sir
               Henry's
               children
               :
               and
               also
               of
               the
               latter
               ,
               upon
               occasion
               of
               some
               papers
               ,
               that
               he
               left
               at
               his
               death
               ,
               to
               the
               care
               of
               that
               Learned
               Gentleman
               .
               Only
               ,
               it
               may
               be
               proper
               to
               observe
               in
               this
               place
               ,
               that
               Arch-bishop
               Laud
               procur'd
               for
               him
               a
               Prebend
               in
               the
               Church
               of
               Lincoln
               ,
               for
               his
               assisting
               in
               the
               publication
               of
               the
               First
               Volume
               of
               the
               Councils
               .
               And
               Sir
               Henry
               does
               ,
               in
               effect
               ,
               recommend
               to
               him
               the
               preparing
               the
               Second
               and
               Third
               ;
               as
               a
               person
               every
               way
               qualified
               to
               compleat
               the
               Design
               .
            
             
               The
               Author
               honestly
               tells
               us
               1
               ,
               (
               that
               in
               such
               a
               confusion
               of
               thoughts
               and
               papers
               )
               he
               had
               omitted
               the
               accounts
               of
               some
               Synods
               ,
               which
               he
               had
               ready
               by
               him
               :
               that
               he
               had
               receiv'd
               Observations
               from
               many
               Learned
               persons
               ,
               after
               the
               Press
               was
               
               gone
               too
               far
               to
               have
               them
               inserted
               :
               and
               that
               particularly
               the
               Learned
               Primate
               of
               Armagh
               had
               communicated
               his
               Animadversions
               upon
               the
               whole
               Volume
               .
               I
               have
               seen
               ,
               among
               his
               own
               papers
               ,
               the
               Remarks
               of
               Salmasius
               and
               
                 De
                 Laet
              
               ;
               but
               where
               the
               rest
               are
               to
               be
               met
               with
               ,
               I
               cannot
               tell
               .
               Out
               of
               these
               ,
               the
               Corrections
               and
               Additions
               that
               he
               himself
               had
               made
               ,
               he
               resolv'd
               to
               publish
               an
               Appendix
               to
               the
               Tome
               ,
               but
               I
               suppose
               was
               prevented
               by
               death
               .
               However
               ,
               to
               encline
               the
               Reader
               to
               a
               favourable
               interpretation
               of
               the
               omissions
               or
               imperfections
               of
               his
               Work
               ;
               he
               desires
               him
               to
               consider
               that
               most
               of
               his
               Materials
               were
               to
               be
               fetch'd
               from
               Manuscripts
               ;
               whereof
               indeed
               there
               were
               very
               great
               numbers
               ,
               both
               in
               the
               Universities
               and
               other
               parts
               of
               the
               Kingdom
               ▪
               but
               being
               neglected
               by
               the
               generality
               of
               Scholars
               ,
               they
               lay
               in
               confusion
               and
               were
               in
               a
               great
               measure
               useless
               ,
               to
               his
               or
               any
               other
               Design
               .
               At
               that
               time
               ,
               this
               was
               a
               just
               and
               proper
               Apologie
               ;
               but
               our
               Age
               is
               much
               more
               curious
               in
               those
               matters
               .
               Witness
               that
               noble
               Catalogue
               of
               Manuscripts
               which
               we
               daily
               expect
               from
               the
               Oxford
               Press
               ,
               and
               a
               Volume
               of
               the
               same
               kind
               intended
               by
               the
               University
               of
               Cambridge
               .
            
             
               
               The
               Second
               Volume
               of
               the
               Councils
               (
               at
               the
               same
               time
               with
               the
               second
               part
               of
               the
               Glossary
               )
               was
               put
               into
               the
               hands
               of
               Sir
               
                 William
                 Dugdale
              
               ,
               by
               the
               direction
               of
               Arch-bishop
               Sheldon
               and
               Chancellor
               Hyde
               .
               He
               made
               considerable
               Additions
               to
               it
               out
               of
               the
               Arch-bishop's
               Registers
               and
               the
               Cottonian
               Library
               ;
               so
               that
               he
               affirms
               in
               a
               Letter
               to
               Mr.
               Spelman
               ,
               Grandson
               to
               Sir
               Henry
               ,
               That
               of
               the
               200.
               sheets
               in
               that
               Book
               ,
               not
               above
               57.
               were
               of
               his
               Grandfather's
               collecting
               .
               And
               it
               appears
               from
               the
               Original
               in
               the
               Bodleian
               Library
               ,
               under
               the
               hands
               of
               Sir
               
                 Henry
                 Spelman
              
               and
               Sir
               
                 William
                 Dugdale
              
               ;
               that
               the
               former
               had
               left
               little
               more
               towards
               the
               second
               Volume
               ,
               than
               hints
               and
               references
               where
               the
               Councils
               were
               to
               be
               met
               with
               .
               It
               was
               publisht
               in
               the
               Year
               1664.
               but
               with
               abundance
               of
               faults
               ,
               occasion'd
               by
               the
               negligence
               either
               of
               the
               Copier
               or
               Corrector
               ,
               or
               both
               .
               1
               Mr.
               Somner
               ,
               sensible
               of
               this
               ,
               took
               great
               pains
               in
               collecting
               the
               printed
               Copy
               with
               many
               of
               the
               Original
               Records
               ;
               correcting
               the
               Errors
               in
               the
               margin
               of
               his
               own
               book
               .
               This
               is
               now
               in
               the
               Library
               of
               the
               Church
               of
               Canterbury
               ,
               and
               will
               be
               a
               good
               help
               towards
               a
               more
               accurate
               Edition
               ;
               2
               as
               well
               as
               those
               collections
               of
               Mr.
               Junius
               ,
               in
               the
               possession
               of
               Mr.
               Jones
               of
               Sunningwell
               .
               The
               truth
               is
               ,
               we
               very
               much
               want
               a
               new
               Edition
               ;
               the
               greatest
               part
               of
               the
               Impression
               having
               
               been
               burnt
               in
               the
               Fire
               of
               London
               ;
               so
               that
               the
               Book
               is
               hardly
               to
               be
               met
               with
               ,
               and
               (
               uncorrect
               as
               it
               is
               )
               has
               ever
               since
               bore
               an
               immoderate
               price
               .
               I
               know
               no
               Work
               that
               would
               be
               a
               greater
               service
               to
               our
               Church
               ,
               than
               an
               entire
               History
               of
               all
               the
               Councils
               before
               the
               Reformation
               ,
               ▪
               for
               the
               account
               of
               'em
               which
               we
               have
               already
               ,
               is
               far
               from
               being
               entire
               ▪
               with
               the
               Addition
               of
               a
               Third
               Volume
               ,
               to
               contain
               the
               Publick
               Affairs
               of
               our
               Reform'd
               Church
               .
               (
               It
               is
               probable
               ,
               that
               towards
               this
               last
               part
               ,
               some
               assistance
               may
               be
               had
               from
               that
               1
               Manuscript
               of
               Sir
               
                 William
                 Dugdale's
              
               ,
               entitl'd
               
                 Papers
                 to
                 be
                 made
                 use
                 of
                 for
                 a
                 Third
                 Volume
                 of
                 the
                 Councils
              
               ;
               tho'
               I
               fear
               not
               so
               much
               as
               the
               title
               promises
               .
               )
               The
               great
               discoveries
               of
               Manuscripts
               ;
               the
               many
               observations
               that
               have
               been
               made
               by
               the
               Learned
               Bishop
               of
               Worcester
               and
               others
               ,
               upon
               the
               Constitution
               of
               the
               British
               and
               Saxon
               Churches
               ;
               and
               the
               general
               approbation
               that
               the
               Work
               must
               needs
               meet
               with
               ;
               are
               all
               of
               'em
               very
               good
               Encouragements
               to
               such
               an
               Undertaking
               .
            
             
               Next
               to
               his
               Glossary
               and
               Councils
               ;
               we
               are
               to
               give
               an
               account
               of
               that
               part
               of
               his
               Works
               ,
               wherein
               he
               asserts
               a
               due
               Veneration
               to
               
                 Persons
                 ,
                 Places
              
               ,
               and
               Things
               ,
               consecrated
               to
               the
               service
               of
               God.
               
            
             
               
               The
               first
               that
               he
               publisht
               of
               this
               kind
               ,
               was
               his
               noted
               Treatise
               
                 De
                 non
                 temerandis
                 Ecclesiis
              
               ;
               printed
               at
               London
               in
               the
               16●3
               .
               and
               afterwards
               at
               other
               places
               .
               It
               was
               written
               (
               as
               the
               title
               informs
               us
               )
               
                 for
                 the
                 sake
                 of
                 a
                 Gentleman
                 ,
                 who
                 having
                 an
                 appropriate
                 Parsonage
                 ,
                 employed
                 the
                 Church
                 to
                 prophane
                 uses
                 ,
                 and
                 left
                 the
                 Parishioners
                 uncertainly
                 provided
                 of
                 Divine
                 Service
                 in
                 a
                 Parish
                 there
                 adjoining
                 .
              
               The
               two
               Oxford
               Editions
               came
               forth
               with
               a
               large
               Preface
               by
               his
               son
               
                 Clement
                 Spelman
              
               ,
               containing
               many
               things
               relating
               to
               Impropriations
               ,
               and
               several
               instances
               of
               the
               judgements
               of
               God
               upon
               Sacriledge
               .
               The
               greatest
               part
               of
               these
               instances
               seems
               to
               be
               taken
               from
               his
               
                 History
                 and
                 Fate
                 of
                 Sacriledge
              
               ,
               a
               book
               still
               in
               Manuscript
               .
               The
               Gentleman
               ,
               for
               whose
               sake
               it
               was
               written
               ,
               dy'd
               immediately
               upon
               the
               publication
               of
               this
               book
               ;
               but
               however
               it
               did
               very
               good
               service
               to
               the
               Church
               .
               This
               ,
               Mr.
               Stephens
               has
               made
               appear
               ,
               in
               a
               Preface
               to
               some
               of
               his
               Posthumous
               Works
               ;
               wherein
               he
               instances
               in
               several
               Gentlemen
               who
               were
               induc'd
               by
               the
               reading
               of
               this
               book
               ,
               to
               restore
               their
               Impropriations
               to
               the
               Church
               .
               That
               part
               of
               the
               Preface
               is
               since
               reprinted
               before
               an
               Edition
               of
               this
               book
               which
               came
               out
               in
               the
               Year
               1668.
               and
               therefore
               I
               shall
               not
               repeat
               the
               Catalogue
               of
               them
               in
               this
               place
               .
               I
               will
               only
               beg
               leave
               to
               
               mention
               a
               more
               modern
               benefaction
               of
               this
               kind
               ;
               as
               it
               is
               set
               down
               in
               the
               late
               Edition
               of
               
                 Camden's
                 Britannia
              
               1
               .
               
                 Scarce
                 two
                 miles
                 from
              
               Arksey
               (
               in
               the
               West-riding
               of
               York-shire
               )
               lies
               Adwick
               
                 in
                 the
                 street
                 ,
                 memorable
                 on
                 this
                 account
                 ,
                 that
                 Mrs.
              
               Ann
               Savill
               
                 (
                 a
                 Virgin
                 benefactor
                 yet
                 living
                 )
                 daughter
                 of
              
               John
               Savill
               of
               Medly
               
                 
                   Esq
                
                 purchased
                 the
                 Rectory
                 thereof
                 ,
                 for
                 which
                 she
                 gave
                 about
              
               900l.
               
                 and
                 has
                 settl'd
                 it
                 in
                 the
                 hands
                 of
                 Trustees
                 for
                 the
                 use
                 of
                 the
                 Church
                 for
                 ever
                 ;
                 and
                 this
                 from
                 a
                 generous
                 and
                 pious
                 principle
                 upon
                 the
                 reading
                 of
                 Sir
              
               Henry
               Spelman's
               
                 noted
                 Treatise
              
               ,
               De
               non
               temerandis
               Ecclesiis
               .
            
             
               Some
               reflections
               were
               made
               upon
               this
               Discourse
               ,
               by
               an
               unknown
               Author
               ;
               who
               could
               not
               forgive
               Sir
               Henry
               for
               paying
               so
               much
               respect
               to
               Churches
               ,
               and
               particularly
               for
               applying
               the
               word
               Ecclesia
               to
               a
               material
               Church
               ;
               urging
               that
               this
               term
               belongs
               only
               to
               the
               Assembly
               or
               Congregation
               .
               This
               Sir
               Henry
               takes
               notice
               of
               in
               his
               Glossary
               ,
               under
               the
               title
               Ecclesia
               ,
               producing
               some
               instances
               of
               the
               use
               of
               that
               word
               in
               ancient
               Authors
               :
               and
               afterwards
               honoured
               it
               with
               a
               fuller
               Apology
               .
               It
               is
               publisht
               by
               Mr.
               Stephens
               ,
               at
               the
               end
               of
               his
               
                 Larger
                 work
                 of
                 Tithes
              
               ,
               (
               so
               call'd
               with
               respect
               to
               the
               Smaller
               Treatise
               
                 De
                 non
                 temerandis
                 Ecclesiis
                 ;
              
               )
               together
               with
               a
               pious
               Epistle
               to
               Mr.
               
                 Richard
                 Carew
              
               ,
               who
               in
               a
               Letter
               to
               the
               Author
               had
               express'd
               his
               dissatisfaction
               in
               some
               particulars
               of
               this
               Work.
               
            
             
               
               His
               next
               book
               upon
               this
               subject
               ,
               is
               that
               which
               he
               calls
               the
               
                 Larger
                 work
                 of
                 Tithes
              
               ;
               publisht
               by
               Mr.
               
                 Jerem.
                 Stephens
              
               in
               the
               Year
               1646.
               with
               an
               excellent
               Preface
               by
               the
               same
               hand
               .
               In
               this
               Discourse
               ,
               he
               asserts
               Tithes
               to
               the
               Clergy
               ,
               from
               the
               Laws
               of
               Nature
               and
               of
               Nations
               ;
               from
               the
               Commands
               of
               God
               in
               the
               Old
               and
               New
               Testament
               ;
               and
               from
               the
               particular
               Constitution
               of
               our
               own
               Kingdom
               .
            
             
               
               Another
               work
               ,
               in
               vindication
               of
               the
               Rights
               of
               the
               Church
               ,
               is
               still
               in
               Manuscript
               ,
               with
               this
               title
               ;
               
                 The
                 History
                 and
                 Fate
                 of
              
               Sacriledge
               ,
               
                 discover'd
                 by
                 examples
                 of
                 Scripture
                 ,
                 of
                 Heathens
                 ,
                 and
                 of
                 Christians
                 ;
                 from
                 the
                 beginning
                 of
                 the
                 world
                 continually
                 to
                 this
                 day
                 ,
                 by
                 Sir
              
               Henry
               Spelman
               
                 Kt.
                 Anno
                 Domini
              
               1632.
               
               The
               account
               which
               the
               2
               Oxford
               Antiquary
               gives
               us
               of
               it
               ,
               is
               this
               :
               
                 In
                 the
                 Year
                 1663.
                 
                 Mr.
                 Stephens
                 began
                 to
                 print
                 the
                 
                   History
                   of
                   Sacriledge
                
                 ,
                 design'd
                 and
                 began
                 by
                 Sir
                 
                   Henry
                   Spelman
                
                 ,
                 and
                 left
                 to
                 Mr.
                 Stephens
                 to
                 perfect
                 and
                 publish
                 .
                 But
                 that
                 work
                 sticking
                 long
                 in
                 the
                 Press
                 ,
                 both
                 the
                 Copy
                 ,
                 and
                 sheets
                 printed
                 off
                 ,
                 perisht
                 in
                 the
                 grand
                 Conflagration
                 of
                 London
                 ,
                 1666.
                 
              
               I
               have
               been
               told
               by
               a
               Learned
               Divine
               
               ▪
               since
               ,
               a
               Prelate
               of
               our
               Church
               ,
               )
               that
               Mr.
               Stephens
               was
               forbidden
               to
               proceed
               in
               an
               Edition
               of
               that
               Work
               ,
               lest
               the
               publication
               of
               it
               should
               give
               offence
               to
               the
               Nobility
               and
               
                 Gentry
                 ▪
              
               But
               ,
               whatever
               was
               the
               occasion
               of
               its
               continuing
               in
               the
               Press
               till
               the
               Fire
               of
               London
               ;
               it
               has
               been
               taken
               for
               granted
               ,
               that
               the
               whole
               book
               was
               irrecoverably
               lost
               :
               and
               I
               was
               satisfied
               of
               the
               same
               ▪
               upon
               Mr.
               Wood's
               relation
               of
               the
               matter
               ;
               till
               examining
               some
               Manuscripts
               which
               were
               given
               to
               the
               Bodleian
               Library
               by
               the
               late
               Bishop
               of
               Lincoln
               ,
               I
               met
               with
               a
               transcript
               of
               some
               part
               of
               it
               .
               Upon
               further
               enquiry
               ,
               I
               found
               other
               parts
               ,
               in
               other
               places
               :
               so
               that
               now
               the
               Work
               seems
               to
               be
               pretty
               entire
               .
            
             
               He
               begins
               with
               a
               general
               definition
               of
               Sacriledge
               ;
               then
               reckons
               up
               various
               kinds
               of
               it
               ,
               as
               to
               
                 Places
                 ,
                 Persons
              
               ,
               and
               Things
               ;
               after
               which
               ,
               he
               enumerates
               (
               at
               large
               )
               the
               many
               signal
               punishments
               of
               it
               among
               
                 Heathens
                 ,
                 Jews
              
               ,
               and
               Christians
               ;
               describing
               more
               particularly
               the
               instances
               of
               that
               kind
               ,
               which
               have
               formerly
               happen'd
               in
               our
               Nation
               .
               Then
               ,
               he
               proceeds
               to
               give
               an
               account
               of
               the
               attempt
               upon
               the
               lands
               of
               the
               Clergy
               in
               Henry
               the
               IV's
               .
               time
               ,
               and
               how
               it
               was
               disappointed
               ;
               afterwards
               he
               descends
               to
               the
               suppression
               of
               Priories-Alien
               in
               the
               Reign
               of
               Henry
               V.
               and
               so
               on
               to
               the
               general
               Dissolution
               under
               Henry
               VIII
               .
               Here
               ,
               he
               shows
               us
               the
               several
               steps
               of
               the
               Dissolution
               ;
               the
               King
               's
               express
               promise
               to
               employ
               the
               Lands
               to
               the
               advancement
               of
               Learning
               ,
               Religion
               ,
               and
               Relief
               of
               the
               Poor
               ;
               with
               the
               remarkable
               Calamities
               that
               ensu'd
               ,
               upon
               the
               King
               ,
               his
               Posterity
               ,
               his
               principal
               Agents
               in
               that
               affair
               ,
               the
               new
               Owners
               of
               the
               Lands
               ,
               and
               the
               Lords
               who
               promoted
               and
               passed
               the
               Dissolution
               Act
               :
               Concluding
               with
               a
               Chapter
               ,
               which
               contains
               
                 The
                 particulars
                 of
                 divers
                 Monasteries
                 in
              
               Norfolk
               ,
               
                 whereof
                 the
                 late
                 Owners
                 since
                 the
                 Dissolution
                 are
                 extinct
                 ,
                 or
                 decay'd
                 ,
                 or
                 overthrown
                 by
                 Misfortunes
                 and
                 grievous
                 Accidents
                 .
              
            
             
               This
               is
               a
               short
               account
               of
               a
               large
               Work
               :
               wherein
               the
               judicious
               Author
               is
               far
               from
               affirming
               ,
               that
               their
               being
               concern'd
               in
               this
               Affair
               (
               either
               as
               promoters
               of
               the
               Alienation
               or
               Possessors
               of
               the
               Lands
               )
               was
               directly
               the
               occasion
               of
               the
               Calamities
               that
               ensu'd
               .
               On
               the
               contrary
               ,
               he
               declares
               more
               than
               once
               ,
               that
               he
               will
               not
               presume
               to
               judge
               of
               the
               secret
               methods
               of
               God's
               Providence
               ;
               but
               only
               relates
               plain
               matters
               of
               fact
               ,
               and
               leaves
               every
               man
               to
               make
               his
               own
               application
               .
               Tho'
               it
               must
               be
               granted
               ,
               that
               many
               of
               the
               instances
               (
               and
               those
               well
               asserted
               )
               are
               so
               terrible
               in
               the
               Event
               ,
               and
               in
               the
               Circumstances
               so
               surprising
               ;
               that
               no
               considering
               Man
               can
               well
               pass
               them
               
               over
               ,
               without
               a
               serious
               reflection
               .
               This
               Discourse
               might
               have
               appear'd
               among
               his
               other
               
                 Posthumous
                 Works
              
               ;
               but
               that
               some
               persons
               in
               the
               present
               Age
               would
               be
               apt
               to
               interpret
               the
               mention
               of
               their
               Predecessors
               (
               in
               such
               a
               manner
               ,
               and
               on
               such
               an
               occasion
               )
               as
               an
               unpardonable
               reflection
               upon
               their
               Families
               .
            
             
               
               These
               ,
               I
               think
               ,
               are
               all
               the
               Treatises
               that
               he
               either
               wrote
               or
               publisht
               about
               the
               
                 Rights
                 of
                 the
                 Church
              
               .
               The
               next
               Work
               that
               I
               shall
               mention
               ,
               is
               a
               History
               of
               the
               Civil
               affairs
               of
               the
               Kingdom
               ,
               from
               the
               Conquest
               to
               
                 Magna
                 Charta
              
               ,
               taken
               from
               our
               best
               Historians
               ,
               and
               generally
               set
               down
               in
               their
               own
               words
               .
               It
               is
               a
               Manuscript
               in
               the
               Bodleian
               Library
               ,
               and
               the
               title
               which
               Sir
               Henry
               has
               given
               it
               ,
               is
               this
               :
               
                 Codex
                 Legum
                 Veterum
                 &
                 Statutorum
                 regni
                 Angliae
                 ,
                 quae
                 ab
                 ingressu
              
               Gulielmi
               ,
               
                 usque
                 ad
                 annum
                 nonum
              
               Henrici
               
                 tertii
                 edita
                 sunt
                 ;
                 Hoc
                 est
                 ,
                 ante
                 primum
                 Statutum
                 omnium
                 Impressorum
                 in
                 libris
                 juridicis
                 ,
                 quod
              
               Magna
               Charta
               
                 appellatur
                 ,
                 ab
              
               Edwardo
               I.
               
                 confirmata
                 .
                 E
                 variis
                 monimentis
                 ,
                 Authoribus
                 ,
                 Manuscriptis
                 ,
                 &
                 antiquis
                 paginis
                 concinnatum
                 .
                 Opere
                 &
                 Studio
              
               Henrici
               Spelman
               
                 collecta
                 .
                 Anno
                 Dom.
              
               1627.
               
               With
               the
               Imprimatur
               of
               Sir
               
                 John
                 Bramston
              
               ,
               July
               6.
               1640.
               
               Many
               Instruments
               in
               this
               Collection
               ,
               are
               printed
               in
               the
               Second
               Volume
               of
               his
               Councils
               ;
               and
               it
               might
               be
               much
               improv'd
               from
               some
               Historians
               that
               have
               been
               publisht
               since
               his
               time
               .
            
             
               
               In
               the
               Year
               1641.
               there
               came
               out
               a
               Discourse
               
                 de
                 Sepultura
              
               ,
               by
               Sir
               
                 Henry
                 Spelman
              
               ,
               concerning
               the
               
                 Fees
                 for
                 Burials
              
               .
               'T
               is
               likely
               ,
               that
               it
               was
               compos'd
               on
               occasion
               of
               his
               being
               one
               of
               the
               Commissioners
               for
               regulating
               the
               Fees
               ,
               in
               our
               Civil
               and
               Ecclesiastical
               Courts
               .
               The
               Treatise
               consists
               of
               five
               sheets
               in
               4
               to
               .
               so
               that
               I
               wonder
               why
               
                 J.
                 A.
              
               in
               his
               Preface
               to
               the
               Glossary
               ,
               should
               tell
               us
               that
               is
               was
               no
               more
               than
               two
               leaves
               .
            
             
               
               His
               Latin
               Treatise
               entitled
               Aspilogia
               was
               next
               publish'd
               (
               with
               Notes
               )
               by
               Sir
               
                 Edw.
                 Bish
                 Anno
              
               1654.
               in
               Folio
               .
               In
               this
               (
               tho'
               it
               was
               one
               of
               his
               first
               Pieces
               )
               he
               discourses
               with
               great
               variety
               of
               Learning
               concerning
               the
               Original
               and
               different
               kinds
               of
               those
               Marks
               of
               Honour
               ,
               since
               call'd
               Arms.
               
            
             
               
               He
               also
               drew
               up
               a
               scheme
               of
               the
               Abbreviations
               and
               such
               other
               obsolete
               forms
               of
               writing
               ,
               as
               occur
               in
               our
               old
               Manuscripts
               ;
               to
               facilitate
               the
               reading
               of
               ancient
               Books
               and
               Records
               .
               There
               are
               several
               Copies
               of
               it
               in
               Manuscript
               ;
               as
               ,
               one
               in
               the
               Bodleian
               Library
               ;
               another
               in
               the
               Library
               of
               the
               late
               Dr.
               Plot
               ;
               a
               third
               in
               the
               possession
               of
               Mr.
               Worsley
               of
               Lincolns-Inn
               ;
               and
               't
               is
               probable
               ,
               there
               may
               be
               more
               of
               ▪
               em
               abroad
               in
               other
               hands
               .
            
             
             
               
               Two
               other
               things
               he
               was
               concern'd
               in
               ;
               which
               I
               shall
               but
               just
               mention
               .
               The
               
                 Villare
                 Anglicum
              
               ,
               or
               a
               view
               of
               the
               Towns
               in
               England
               ,
               (
               publisht
               in
               the
               Year
               1656.
               )
               was
               collected
               1
               
                 By
                 the
                 appointment
                 ,
                 at
                 the
                 charge
                 ,
                 and
                 for
                 the
                 use
                 of
                 that
              
               
               
                 worthy
                 Antiquary
                 Sir
              
               Henry
               Spelman
               .
               And
               Mr.
               Speed
               ,
               in
               his
               Description
               of
               
                 Great
                 Britain
              
               ,
               acknowledges
               that
               he
               receiv'd
               the
               account
               of
               Norfolk
               from
               the
               same
               Learned
               Knight
               .
               As
               for
               his
               
                 Posthumous
                 Works
              
               which
               are
               publisht
               together
               on
               this
               occasion
               ,
               I
               shall
               give
               a
               more
               particular
               account
               of
               'em
               in
               the
               Preface
               ;
               and
               in
               this
               place
               shall
               only
               add
               an
               instance
               or
               
               two
               ,
               of
               his
               Encouragement
               to
               Learning
               and
               
                 Learned
                 Men.
              
               It
               was
               he
               ,
               who
               first
               advis'd
               Dr.
               Wats
               to
               the
               study
               of
               Antiquities
               ,
               and
               when
               he
               had
               arriv'd
               to
               a
               good
               skill
               in
               those
               matters
               ,
               put
               him
               upon
               a
               new
               Edition
               of
               
                 Matthew
                 Paris
              
               .
               The
               Doctor
               ,
               in
               the
               Preface
               to
               that
               excellent
               Work
               ,
               makes
               this
               grateful
               mention
               of
               his
               Friend
               ,
               and
               Patron
               :
               
                 Tertium
                 Manuscriptum
                 accommodavit
                 Nobilis
                 ille
                 Doctissimusque
                 Dominus
              
               Henricus
               Spelmannus
               
                 Eques
                 Auratus
                 ,
                 Eruditionis
                 reconditioris
                 ,
                 Judicii
                 acerrimi
                 Vir
                 ,
                 nostrae
              
               Britanniae
               
                 Lumen
                 Gloriaque
                 ;
                 Amicus
                 insupermeus
                 singularis
                 ,
                 in
                 studiis
                 adjutor
                 praecipuus
                 ;
                 &
                 qui
                 me
                 primus
                 ad
                 Antiquitates
                 eruendas
                 tam
                 verbo
                 quam
                 exemplo
                 aliquoties
                 stimulavit
                 erudivitque
                 .
              
            
             
               He
               was
               likewise
               a
               great
               Favourer
               of
               Sir
               
                 William
                 Dugdale
              
               ;
               who
               had
               been
               recommended
               to
               him
               by
               Sir
               
                 Simon
                 Archer
              
               ,
               a
               Gentleman
               of
               Warwickshire
               ,
               very
               well
               versed
               in
               Heraldry
               ,
               and
               the
               affairs
               of
               our
               own
               Nation
               .
               At
               that
               time
               ,
               Mr.
               Dodsworth
               (
               who
               was
               much
               assisted
               and
               encouraged
               by
               Sir
               
                 Henry
                 Spelman
              
               )
               had
               got
               together
               a
               vast
               collection
               of
               Records
               ,
               relating
               to
               the
               Foundation
               of
               Monasteries
               in
               the
               Northern
               parts
               of
               England
               .
               Sir
               Henry
               thought
               that
               these
               might
               be
               very
               well
               improv'd
               into
               a
               
                 Monasticon
                 Anglicanum
              
               ;
               and
               lest
               the
               design
               should
               miscarry
               by
               Mr.
               Dodsworth's
               death
               ,
               he
               prevail'd
               upon
               Mr.
               Dugdale
               to
               join
               him
               in
               so
               commendable
               a
               Work
               ;
               promising
               to
               communicate
               all
               his
               Transcripts
               of
               Foundation
               Charters
               ,
               belonging
               to
               several
               Monasteries
               in
               Norfolk
               and
               Suffolk
               .
               For
               his
               further
               encouragement
               ,
               he
               recommended
               him
               to
               Thomas
               Earl
               of
               Arundel
               ,
               then
               Earl
               Marshal
               of
               England
               ,
               as
               a
               person
               very
               well
               qualify'd
               to
               serve
               the
               King
               in
               the
               
                 Office
                 of
                 Arms.
              
               Accordingly
               ,
               upon
               his
               character
               of
               him
               (
               seconded
               by
               the
               importunity
               of
               Sir
               
                 Christopher
                 Hatton
              
               )
               he
               was
               settl'd
               in
               the
               Heralds-office
               ;
               which
               gave
               him
               an
               opportunity
               to
               fix
               in
               London
               ,
               and
               from
               the
               many
               assistances
               there
               ,
               to
               compile
               the
               laborious
               Volumes
               which
               he
               afterwards
               publisht
               .
            
             
             
               His
               revival
               of
               the
               old
               Saxon
               Tongue
               ,
               ought
               to
               be
               reckon'd
               a
               good
               piece
               of
               service
               to
               the
               study
               of
               Antiquities
               .
               He
               had
               found
               the
               excellent
               use
               of
               that
               Language
               in
               the
               whole
               course
               of
               his
               Studies
               ;
               and
               very
               much
               lamented
               the
               neglect
               of
               it
               ,
               both
               at
               home
               and
               abroad
               :
               which
               was
               so
               general
               ,
               that
               he
               did
               not
               then
               know
               one
               Man
               in
               the
               world
               ,
               who
               perfectly
               knew
               it
               .
               Paulatim
               (
               says
               he
               )
               
                 ita
                 exhalavit
                 animam
                 ,
                 nobile
                 illud
                 Majorum
                 nostrorum
                 &
                 pervetustum
                 idioma
                 ;
                 ut
                 in
                 universo
                 (
                 quod
                 sciam
                 )
                 orbe
                 ,
                 ne
                 unus
                 hodie
                 reperiatur
                 ;
                 qui
                 hoc
                 scite
                 perfecteve
                 calleat
                 ;
                 pauci
                 quidem
                 ,
                 qui
                 vel
                 exoletas
                 literas
                 usquequaque
                 noverint
                 .
              
               Hereupon
               he
               settl'd
               a
               
                 Saxon
                 Lecture
              
               in
               the
               University
               of
               Cambridge
               ,
               allowing
               20l.
               
                 per
                 An.
              
               to
               Mr.
               
                 Abraham
                 Wheelock
              
               ;
               who
               tells
               us
               ,
               1
               that
               upon
               his
               advice
               and
               encouragement
               ,
               he
               spent
               the
               best
               part
               of
               seven
               years
               in
               the
               study
               of
               that
               Language
               :
               
                 Magnam
                 septennii
                 quod
                 effluxit
                 partem
                 consumpsi
              
               Saxonum
               
                 nostrorum
                 inquirendo
                 Monumenta
                 ,
                 eorumque
                 vetus
                 idioma
                 (
                 Veritatis
                 &
                 pacis
                 Catholicae
                 magistram
                 )
                 perquirendo
                 ;
                 ne
                 nobilissimi
                 Viri
                 &
                 in
                 his
                 studiis
                 monitoris
                 mei
                 honoratissimi
              
               
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
              
               D.
               Henrici
               Spelmanni
               ,
               
                 Antiquitatum
                 nostrae
                 gentis
                 instauratoris
                 eximii
                 ,
                 consilio
                 defuissem
                 .
              
               This
               stipend
               was
               intended
               to
               be
               made
               perpetual
               ;
               but
               both
               He
               and
               his
               eldest
               Son
               dying
               in
               the
               compass
               of
               two
               years
               ,
               the
               Civil
               Wars
               breaking
               forth
               ,
               and
               the
               Estate
               being
               sequester'd
               ;
               the
               Family
               became
               uncapable
               of
               accomplishing
               that
               Design
               .
               Nor
               indeed
               was
               that
               a
               Time
               for
               settlements
               of
               this
               kind
               ,
               when
               such
               a
               terrible
               storm
               threatn'd
               the
               Universities
               and
               the
               Revenues
               that
               belong'd
               to
               '
               em
               .
            
             
               
               After
               he
               came
               into
               business
               ,
               he
               was
               intimately
               acquainted
               with
               the
               most
               considerable
               Persons
               of
               that
               Age.
               He
               calls
               Mr.
               Camden
               ,
               his
               
                 ancient
                 Friend
              
               ;
               and
               how
               entire
               a
               Familiarity
               there
               was
               between
               him
               and
               Arch-bishop
               Usher
               ,
               we
               are
               inform'd
               from
               the
               Life
               and
               Letters
               of
               that
               Learned
               Primate
               .
               To
               these
               I
               might
               add
               Sir
               
                 Rob.
                 Cotton
              
               ,
               Mr.
               
                 Selden
                 ,
                 Olaus
                 Wormius
              
               ;
               with
               
                 Peireschius
                 ,
                 Meursius
                 ,
                 Beignonius
              
               ,
               and
               others
               of
               great
               note
               both
               at
               home
               and
               abroad
               ,
               whom
               he
               himself
               occasionally
               mentions
               ,
               as
               the
               chief
               Encouragers
               of
               his
               Glossary
               .
               Upon
               the
               whole
               matter
               ;
               as
               his
               Loyalty
               ,
               Wisdom
               ,
               and
               Experience
               in
               publick
               Affairs
               ,
               would
               sufficiently
               recommend
               him
               to
               the
               great
               States-men
               of
               his
               time
               ;
               so
               his
               eminent
               Piety
               and
               Learning
               must
               needs
               make
               him
               highly
               esteem'd
               among
               Divines
               and
               Scholars
               .
            
             
               
               He
               had
               eight
               Children
               ,
               four
               Sons
               and
               four
               Daughters
               .
               His
               eldest
               Son
               
                 (
                 the
                 heir
                 of
                 his
                 Studies
                 ,
              
               3
               as
               he
               calls
               him
               )
               was
               
                 John
                 
                 
                 Spelman
              
               
                 Esq
              
               a
               Scholar
               and
               a
               Gentleman
               ;
               who
               had
               great
               assurances
               of
               favour
               and
               encouragement
               from
               King
               Charles
               I.
               This
               good
               Prince
               sent
               for
               Sir
               
                 Henry
                 Spelman
              
               ,
               and
               offer'd
               him
               the
               Mastership
               of
               
                 Suttons
                 Hospital
              
               ,
               with
               some
               other
               things
               ,
               in
               consideration
               of
               his
               good
               services
               both
               to
               Church
               and
               State.
               But
               after
               his
               humble
               thanks
               to
               his
               Majesty
               ,
               he
               told
               him
               ,
               that
               he
               was
               very
               old
               and
               
                 had
                 one
                 foot
                 in
                 the
                 grave
              
               ;
               and
               that
               it
               would
               be
               a
               much
               greater
               obligation
               upon
               him
               ,
               if
               his
               Majesty
               would
               please
               to
               consider
               his
               Son.
               Accordingly
               ,
               the
               King
               sent
               for
               Mr.
               Spelman
               ;
               and
               with
               many
               expressions
               of
               kindness
               ,
               immediately
               
               conferr'd
               on
               him
               the
               honour
               of
               Knighthood
               .
               After
               the
               Civil
               Wars
               broke
               out
               ,
               his
               Majesty
               ,
               by
               a
               Letter
               under
               his
               own
               hand
               ,
               commanded
               him
               from
               his
               own
               house
               in
               Norfolk
               ,
               to
               give
               his
               attendance
               at
               Oxford
               ;
               where
               he
               was
               oftentimes
               call'd
               to
               Private
               Councel
               ,
               and
               employ'd
               to
               write
               several
               papers
               in
               Vindication
               of
               the
               Proceedings
               of
               the
               Court.
               But
               while
               he
               was
               thus
               attending
               the
               affairs
               of
               the
               Publick
               ,
               and
               ▪
               when
               these
               would
               give
               him
               leave
               )
               his
               own
               Private
               Studies
               ;
               he
               fell
               sick
               ,
               and
               died
               the
               25.
               of
               July
               ,
               1643.
               
               His
               
                 Funeral
                 Sermon
              
               ,
               by
               his
               Majestie
               's
               special
               order
               ,
               was
               Preached
               by
               Arch-bishop
               Usher
               ;
               an
               intimate
               Acquaintance
               both
               of
               the
               Father
               and
               Son.
               In
               the
               Year
               1640.
               he
               had
               publisht
               the
               Saxon
               Psalter
               from
               an
               ancient
               MS.
               of
               Sir
               Henry's
               ;
               which
               (
               as
               he
               tells
               us
               in
               the
               Preface
               )
               was
               a
               task
               enjoyn'd
               him
               by
               his
               Father
               .
               He
               also
               wrote
               the
               Life
               of
               King
               Alfred
               in
               English
               ;
               which
               having
               layn
               several
               years
               in
               Manuscript
               ,
               was
               at
               last
               translated
               into
               Latin
               ,
               and
               publisht
               in
               1678.
               with
               Mr.
               Walker's
               Commentary
               upon
               it
               .
            
             
               
               
                 Clement
                 Spelman
              
               (
               youngest
               Son
               to
               Sir
               Henry
               )
               was
               a
               Councellor
               ,
               and
               made
               Puny
               Baron
               of
               the
               Exchequer
               ,
               upon
               the
               Restoration
               of
               King
               Charles
               II.
               He
               1
               publisht
               some
               peices
               relating
               to
               the
               Government
               ,
               and
               a
               large
               Preface
               to
               his
               Father's
               Book
               
                 De
                 non
                 temerandis
                 Ecclesiis
              
               .
               Dying
               in
               June
               1679.
               he
               was
               buried
               in
               St.
               Dunstan's
               Church
               in
               Fleet-street
               .
            
             
               
               To
               return
               to
               Sir
               Henry
               :
               He
               dy'd
               in
               London
               ,
               at
               the
               house
               of
               Sir
               
                 Ralph
                 Whitfeild
              
               his
               Son-in-law
               ;
               being
               about
               80.
               years
               of
               Age.
               His
               body
               ,
               by
               the
               favour
               of
               King
               Charles
               ,
               was
               appointed
               to
               be
               inter'd
               in
               Westminster-Abbey
               ;
               whither
               it
               was
               carried
               with
               great
               solemnity
               ,
               on
               the
               24
               th
               .
               of
               October
               ,
               1641.
               and
               buried
               at
               the
               foot
               of
               the
               Pillar
               over
               against
               Mr.
               Camden's
               Monument
               .
            
          
           
             
             
               The
               Several
               DISCOURSES
               Contain'd
               in
               this
               Volume
               .
            
             
               
                 1.
                 
                 THe
                 Original
                 ,
                 Growth
                 ,
                 Propagation
                 and
                 Condition
                 of
                 Feuds
                 and
                 
                   Tenures
                   by
                   Knight-service
                
                 ,
                 in
                 England
                 ,
                 pag.
                 1.
                 
              
               
                 
                   CHAP.
                   I.
                
                 The
                 occasion
                 of
                 this
                 Discourse
                 ,
                 and
                 what
                 a
                 Feud
                 is
                 ,
                 p.
                 1.
                 
              
               
                 
                   CHAP.
                   II.
                
                 The
                 Original
                 ,
                 Growth
                 ,
                 and
                 Propagation
                 of
                 Feuds
                 :
                 first
                 in
                 general
                 ,
                 then
                 in
                 England
                 ,
                 p.
                 2.
                 
              
               
                 
                   CHAP.
                   III.
                
                 That
                 none
                 of
                 our
                 Feodal
                 words
                 ,
                 nor
                 words
                 of
                 Tenure
                 ,
                 are
                 found
                 in
                 any
                 Law
                 or
                 ancient
                 Charter
                 of
                 the
                 Saxons
                 ,
                 p.
                 7.
                 
              
               
                 CHAP.
                 IV.
                 
                   Of
                   Tenures
                
                 in
                 Capite
                 ,
                 
                   more
                   particularly
                   ,
                   p.
                
                 10.
                 
              
               
                 
                   CHAP.
                   V.
                
                 What
                 degrees
                 and
                 distinctions
                 of
                 Persons
                 were
                 among
                 the
                 Saxons
                 ,
                 and
                 of
                 what
                 coudition
                 their
                 Lands
                 were
                 ,
                 p.
                 11.
                 
              
               
                 CHAP.
                 VI.
                 Of
                 Earls
                 
                   among
                   our
                
                 Saxons
                 ,
                 p.
                 13.
                 
              
               
                 
                   CHAP.
                   VII
                
                 .
                 Of
                 Ceorls
                 ;
                 and
                 that
                 they
                 were
                 ordinarily
                 but
                 as
                 Tenants
                 at
                 will
                 ;
                 or
                 having
                 Lands
                 ,
                 held
                 not
                 by
                 Knight-service
                 ,
                 p.
                 14.
                 
              
               
                 
                   CHAP.
                   VIII
                
                 .
                 Of
                 Thanes
                 ,
                 and
                 their
                 several
                 kinds
                 ,
                 p.
                 16.
                 
              
               
                 
                   CHAP.
                   IX
                
                 .
                 Charters
                 of
                 Thane-lands
                 granted
                 by
                 Saxon
                 Kings
                 ,
                 not
                 only
                 without
                 mention
                 of
                 Tenure
                 or
                 Feodal-service
                 ,
                 but
                 with
                 all
                 Immunity
                 ,
                 except
                 Expedition
                 ,
                 &c.
                 p.
                 19.
                 
              
               
                 
                   CHAP.
                   X.
                
                 Observations
                 upon
                 the
                 precedent
                 Charters
                 ,
                 shewing
                 that
                 the
                 Thane-lands
                 or
                 Expedition
                 were
                 not
                 Feodal
                 ,
                 or
                 did
                 lye
                 in
                 Tenure
                 ,
                 p.
                 21.
                 
              
               
                 
                   CHAP.
                   XI
                
                 .
                 More
                 touching
                 the
                 freedom
                 of
                 Thane-land
                 out
                 of
                 Doomsday
                 ,
                 p.
                 23.
                 
              
               
                 
                   CHAP.
                   XII
                
                 .
                 The
                 fruits
                 of
                 
                   Feodal
                   Tenures
                
                 ;
                 and
                 that
                 they
                 were
                 not
                 found
                 among
                 the
                 Saxons
                 ,
                 or
                 not
                 after
                 our
                 manner
                 ,
                 p.
                 24.
                 
              
               
                 
                   CHAP.
                   XIII
                
                 .
                 No
                 profit
                 of
                 Land
                 by
                 Wardship
                 in
                 the
                 Saxons
                 time
                 ,
                 p.
                 25.
                 
              
               
                 
                   CHAP.
                   XIV
                
                 .
                 No
                 Wardship
                 in
                 England
                 amongst
                 the
                 Saxons
                 :
                 objections
                 answer'd
                 ,
                 p.
                 25.
                 
              
               
                 CAAP.
                 XV.
                 No
                 Marriage
                 of
                 Wards
                 ,
                 p.
                 29.
                 
              
               
                 CHAP.
                 XVI
                 .
                 No
                 Livery
                 ;
                 no
                 Primer-seisin
                 ,
                 p.
                 30.
                 
              
               
                 
                   CHAP.
                   XVII
                
                 .
                 That
                 Reliefs
                 (
                 whereon
                 the
                 Report
                 most
                 relyeth
                 )
                 were
                 not
                 in
                 use
                 among
                 the
                 Saxons
                 ;
                 nor
                 like
                 their
                 Heriots
                 ,
                 p.
                 31.
                 
              
               
                 CHAP.
                 XVIII
                 .
                 
                   Difference
                   between
                
                 Heriots
                 and
                 Reliefs
                 ,
                 p.
                 32.
                 
              
               
                 
                   CHAP.
                   XIX
                
                 .
                 No
                 Fines
                 for
                 Licence
                 of
                 Alienation
                 ,
                 p.
                 33.
                 
              
               
                 CHAP.
                 XX.
                 No
                 Feodal
                 Homage
                 
                   among
                   the
                
                 Saxons
                 ,
                 p.
                 34.
                 
              
               
                 
                   CHAP.
                   XXI
                
                 .
                 What
                 manner
                 of
                 Fealty
                 among
                 the
                 Saxons
                 ,
                 p.
                 34.
                 
              
               
                 
                   CHAP.
                   XXII
                
                 .
                 No
                 Escuage
                 among
                 the
                 Saxons
                 :
                 what
                 in
                 the
                 Empire
                 ,
                 p.
                 36.
                 
              
               
                 
                   CHAP.
                   XXIII
                
                 .
                 No
                 Feodal
                 Escheate
                 of
                 hereditary
                 Lands
                 among
                 the
                 Saxons
                 ,
                 p.
                 37.
                 
              
               
                 
                   CHAP.
                   XXIV
                   .
                   Thaneland
                
                 and
                 Reveland
                 what
                 :
                 no
                 marks
                 of
                 Tenure
                 ,
                 but
                 distinctions
                 of
                 Land-holders
                 ,
                 p.
                 38.
                 
              
               
                 
                   CHAP.
                   XXV
                
                 .
                 How
                 the
                 Saxons
                 held
                 their
                 Lands
                 ;
                 and
                 what
                 obliged
                 them
                 to
                 so
                 many
                 kinds
                 of
                 Services
                 ,
                 p.
                 40.
                 
              
               
                 
                   CHAP.
                   XXVI
                
                 .
                 The
                 Charter
                 whereby
                 Oswald
                 Bishop
                 of
                 Worcester
                 ,
                 disposed
                 divers
                 Lands
                 of
                 his
                 Church
                 after
                 the
                 Feodal
                 manner
                 of
                 that
                 time
                 ,
                 entituled
                 ,
                 
                   Indiculum
                   Libertatis
                   de
                   Oswalds-Laws-Hundred
                
                 ,
                 p.
                 41.
                 
              
               
                 
                   CHAP.
                   XXVII
                
                 .
                 Inducements
                 to
                 the
                 Conclusion
                 ,
                 p.
                 43.
                 
              
               
                 CHAP.
                 XXVIII
                 .
                 
                   The
                   Conclusion
                   ,
                   p.
                
                 46.
                 
              
               
                 II.
                 Of
                 the
                 
                   Ancient
                   Government
                
                 of
                 
                   England
                   ,
                   p.
                
                 49.
                 
              
               
                 III.
                 Of
                 
                   Parliaments
                   ,
                   p.
                
                 57.
                 
              
               
                 IV.
                 The
                 Original
                 of
                 the
                 four
                 Terms
                 of
                 the
                 
                   Year
                   ,
                   p.
                
                 67.
                 
              
               
                 The
                 Occasion
                 of
                 this
                 Discourse
                 ,
                 p.
                 69.
                 
              
               
                 
                   SECT
                   .
                   I.
                
                 Of
                 the
                 Terms
                 in
                 general
                 ,
                 p.
                 71.
                 
              
               
                 
                   SECT
                   .
                   II.
                
                 Of
                 the
                 names
                 of
                 Terms
                 ,
                 ibid.
                 
              
               
                 
                   SECT
                   .
                   III.
                
                 Of
                 the
                 Original
                 of
                 Terms
                 or
                 Law-days
                 ,
                 p.
                 
                   73
                   ▪
                
              
               
                 
                   SECT
                   .
                   IV.
                
                 Of
                 the
                 Times
                 assigned
                 to
                 Law-matters
                 ,
                 call'd
                 the
                 Terms
                 ,
                 ibid.
                 
              
               
                 
                 
                   CHAP.
                   I.
                
                 Of
                 Law-days
                 among
                 the
                 Ancients
                 ,
                 p.
                 74.
                 
              
               
                 
                   CHAP.
                   II.
                
                 Of
                 Law-days
                 amongst
                 the
                 Romans
                 ,
                 using
                 choice
                 days
                 ,
                 p.
                 75.
                 
              
               
                 
                   CHAP.
                   III.
                
                 Of
                 Law-days
                 among
                 the
                 first
                 Christians
                 ,
                 using
                 all
                 times
                 alike
                 ,
                 p.
                 75.
                 
              
               
                 
                   CHAP.
                   IV.
                
                 How
                 Sunday
                 came
                 to
                 be
                 exempted
                 ,
                 p.
                 76.
                 
              
               
                 
                   CHAP.
                   V.
                
                 How
                 other
                 Festival
                 and
                 Vacation-days
                 were
                 exempted
                 ,
                 ibid.
                 
              
               
                 
                   CHAP.
                   VI.
                
                 That
                 our
                 Terms
                 took
                 their
                 original
                 from
                 the
                 Canon-law
                 ,
                 p.
                 77.
                 
              
               
                 
                   CHAP.
                   VII
                
                 .
                 The
                 Constitution
                 of
                 our
                 Saxon
                 Kings
                 in
                 this
                 matter
                 ,
                 ibid.
                 
              
               
                 
                   CHAP.
                   VIII
                
                 .
                 The
                 Constitution
                 of
                 Canutus
                 ,
                 more
                 particular
                 ,
                 p.
                 78.
                 
              
               
                 
                   CHAP.
                   IX
                
                 .
                 The
                 Constitution
                 of
                 Edw.
                 the
                 Confessor
                 ,
                 most
                 material
                 ,
                 p.
                 79.
                 
              
               
                 
                   CHAP.
                   X.
                
                 The
                 Constitution
                 of
                 William
                 the
                 Conqueror
                 ,
                 p.
                 80.
                 
              
               
                 CHAP.
                 XI
                 .
                 
                   What
                   done
                   by
                
                 Will.
                 Rufus
                 ,
                 Henry
                 I.
                 K.
                 Stephen
                 ,
                 and
                 Hen.
                 II.
                 p.
                 81.
                 
              
               
                 
                   CHAP.
                   XII
                
                 .
                 The
                 Terms
                 laid
                 out
                 according
                 to
                 their
                 ancient
                 Laws
                 ,
                 p.
                 82.
                 
              
               
                 CHAP.
                 XIII
                 .
                 
                   Easter-term
                   ,
                   p.
                
                 83.
                 
              
               
                 CHAP.
                 XIV
                 .
                 
                   Trinity-term
                   ,
                   p.
                
                 84.
                 
              
               
                 
                   CHAP.
                   XV.
                
                 Of
                 Michaelmass-term
                 ,
                 according
                 to
                 the
                 ancient
                 Constitutions
                 ,
                 p.
                 85.
                 
              
               
                 
                   CHAP.
                   XVI
                
                 .
                 The
                 later
                 Constitutions
                 of
                 the
                 Terms
                 ,
                 p.
                 86.
                 
              
               
                 
                   CHAP.
                   XVII
                
                 .
                 How
                 Trinity
                 term
                 was
                 alter'd
                 and
                 shortn'd
                 ,
                 p.
                 87.
                 
              
               
                 
                   CHAP.
                   XVIII
                
                 .
                 [
                 How
                 Michaelmass-term
                 was
                 abbreviated
                 by
                 Act
                 of
                 Parliament
                 ,
                 
                   16.
                   
                   Car.
                   I.
                
                 Cap.
                 6.
                 ]
                 p.
                 81.
                 
                 
                   
                     
                       SECT
                       .
                       V.
                    
                     Other
                     considerations
                     concerning
                     Term-time
                     ,
                     ibid.
                     
                  
                
              
               
                 
                   CHAP.
                   I.
                
                 Why
                 the
                 High-Courts
                 sit
                 not
                 in
                 the
                 afternoons
                 ,
                 p.
                 89.
                 
              
               
                 
                   CHAP.
                   II.
                
                 Why
                 they
                 sit
                 not
                 at
                 all
                 some
                 days
                 ,
                 p.
                 90.
                 
              
               
                 
                   CHAP.
                   III.
                
                 Why
                 some
                 Law
                 business
                 may
                 be
                 done
                 on
                 days
                 exempted
                 ,
                 p.
                 93.
                 
              
               
                 
                   CHAP.
                   IV.
                
                 Why
                 the
                 end
                 of
                 Michaelmass-term
                 is
                 sometimes
                 holden
                 in
                 Advent
                 ,
                 and
                 of
                 Hilary
                 in
                 Septuagesima
                 ,
                 &c.
                 p.
                 95.
                 
              
               
                 
                   CHAP.
                   V.
                
                 Why
                 Assizes
                 be
                 holden
                 in
                 Lent
                 ,
                 ibid.
                 
              
               
                 
                   CHAP.
                   VI.
                
                 Of
                 the
                 Returns
                 ,
                 p.
                 96.
                 
              
               
                 CHAP.
                 VII
                 .
                 
                   Of
                   the
                
                 Quarta
                 dies
                 post
                 ,
                 p.
                 97.
                 
              
               
                 
                   CHAP.
                   VIII
                
                 .
                 Why
                 there
                 is
                 so
                 much
                 Canon
                 and
                 Foreign
                 Law
                 us'd
                 in
                 this
                 Discourse
                 ;
                 with
                 an
                 excursion
                 into
                 the
                 original
                 of
                 our
                 Laws
                 ,
                 p.
                 98.
                 
                 
                   
                     Appendix
                     ,
                     p.
                     104.
                     
                  
                
              
               
                 V.
                 An
                 Apologie
                 for
                 Arch-bishop
                 Abbot
                 ,
                 touching
                 the
                 death
                 of
                 
                   Peter
                   Hawkins
                
                 the
                 Keeper
                 ,
                 wounded
                 in
                 the
                 Park
                 at
                 Bramsil
                 ,
                 July
                 
                   24.
                   1621.
                
                 p.
                 107.
                 
              
               
                 VI.
                 An
                 Answer
                 to
                 the
                 said
                 Apologie
                 ,
                 p.
                 111.
                 
              
               
                 VII
                 .
                 Letters
                 and
                 Instruments
                 relating
                 to
                 the
                 killing
                 of
                 Hawkins
                 ,
                 by
                 the
                 A.
                 B.
                 p.
                 121.
                 
              
               
                 VIII
                 .
                 Of
                 the
                 Original
                 of
                 Testaments
                 and
                 Wills
                 ,
                 and
                 of
                 their
                 Probate
                 ,
                 to
                 whom
                 it
                 it
                 anciently
                 belong'd
                 ,
                 p.
                 127.
                 
              
               
                 IX
                 .
                 Icenia
                 ,
                 sive
                 Norfolciae
                 
                   Descriptio
                   Topographica
                   ,
                   p.
                
                 133.
                 
              
               
                 X.
                 
                   Catalogus
                   Comitum
                
                 Marescallorum
                 Angliae
                 ,
                 p.
                 165.
                 
              
               
                 XI
                 .
                 
                   Dissertatio
                   de
                
                 Milite
                 ,
                 p.
                 172.
                 
                 
                   
                     De
                     aetate
                     Militari
                     ,
                     p.
                     174.
                     
                  
                   
                     De
                     evocatis
                     ad
                     Militiam
                     suscipiendam
                     ,
                     p.
                     175.
                     
                  
                   
                     De
                     modo
                     ●reandi
                     Militem
                     honoratum
                     ;
                     &
                     primo
                     de
                     Cingulo
                     militari
                     ,
                     p.
                     176.
                     
                  
                   
                     Qui
                     olim
                     fiebant
                     Milites
                     ,
                     p.
                     179.
                     
                  
                   
                     Qui
                     possint
                     militem
                     facere
                     ,
                     p.
                     180.
                     
                  
                   
                     Judices
                     etiam
                     sub
                     appellatione
                     Militum
                     censeri
                     ;
                     scil
                     .
                     Equ
                     .
                     esse
                     Palatinos
                     ,
                     p.
                     182.
                     
                  
                   
                     De
                     loco
                     &
                     tempore
                     Creationis
                     ,
                     p.
                     183.
                     
                  
                   
                     De
                     Censu
                     militari
                     ,
                     p.
                     184.
                     
                  
                   
                     Modus
                     Exauctorandi
                     Militem
                     ,
                     quod
                     Degradare
                     nuncupatur
                     .
                  
                
              
               
                 XII
                 .
                 Historia
                 Familiae
                 de
                 Sharnburn
                 ,
                 p.
                 187.
                 
              
               
                 XIII
                 .
                 Familiae
                 Extraneorum
                 (
                 sive
                 Lestrange
                 )
                 accurata
                 descriptio
                 ,
                 p.
                 200.
                 
              
               
                 XIV
                 .
                 A
                 Dialogue
                 concerning
                 the
                 Coin
                 of
                 the
                 Kingdom
                 ;
                 particularly
                 ,
                 what
                 great
                 treasures
                 were
                 exhausted
                 from
                 England
                 ,
                 by
                 the
                 usurpt
                 Supremacy
                 of
                 Rome
                 ,
                 p.
                 203.
                 
              
               
                 XV.
                 A
                 Catalogue
                 of
                 the
                 Places
                 or
                 Dwellings
                 of
                 the
                 Arch-bishops
                 and
                 Bishops
                 of
                 this
                 Realm
                 (
                 now
                 or
                 of
                 former
                 times
                 )
                 in
                 which
                 their
                 several
                 Owners
                 have
                 Ordinary
                 Jurisdiction
                 ,
                 as
                 if
                 parcel
                 of
                 their
                 Diocess
                 ,
                 tho'
                 they
                 be
                 situate
                 within
                 the
                 precinct
                 of
                 another
                 Bishop's
                 Diocess
                 ,
                 p.
                 211.
                 
              
            
          
        
         
           
             
             
             
             
               THE
               Original
               ,
               Growth
               ,
               Propagation
               and
               Condition
               OF
               FEUDS
               and
               TENURES
               BY
               KNIGHT-SERVICE
               ,
               In
               ENGLAND
               .
            
             
               
                 CHAP.
                 I.
                 
              
               
                 The
                 occasion
                 of
                 this
                 Discourse
                 ,
                 and
                 what
                 a
                 Feud
                 is
                 .
              
               
                 IN
                 the
                 great
                 case
                 of
                 Tenures
                 ,
                 upon
                 the
                 
                   Commission
                   of
                   Defective
                   Titles
                
                 ,
                 argued
                 by
                 all
                 the
                 Judges
                 of
                 Ireland
                 ,
                 and
                 published
                 after
                 their
                 resolution
                 by
                 the
                 commandment
                 of
                 the
                 Lord
                 Deputy
                 ,
                 this
                 year
                 1639.
                 it
                 fell
                 out
                 upon
                 the
                 fourth
                 point
                 of
                 the
                 Case
                 to
                 be
                 affirmed
                 ,
                 
                   That
                   Tenures
                   had
                   their
                   original
                   in
                   England
                   before
                   the
                   Norman
                   Conquest
                   :
                
                 And
                 in
                 pursuit
                 of
                 this
                 Assertion
                 it
                 was
                 concluded
                 ,
                 That
                 Feuds
                 were
                 then
                 and
                 there
                 in
                 use
                 .
                 In
                 proof
                 hereof
                 divers
                 Laws
                 and
                 Charters
                 of
                 the
                 Saxon
                 Kings
                 ,
                 and
                 some
                 other
                 Authorities
                 be
                 there
                 alledged
                 ,
                 which
                 being
                 conceived
                 to
                 have
                 clear'd
                 that
                 point
                 ,
                 it
                 thus
                 followeth
                 in
                 the
                 Report
                 ,
                 p.
                 35.
                 
              
               
                 And
                 therefore
                 it
                 was
                 said
                 that
                 Sir
                 
                   Henry
                   Spelman
                
                 was
                 mistaken
                 ,
                 who
                 in
                 his
                 Glossary
                 
                   (
                   verbo
                   Feodum
                
                 )
                 refers
                 the
                 original
                 of
                 Feuds
                 in
                 England
                 to
                 the
                 Norman
                 Conquest
                 .
                 
                   And
                   for
                   a
                   Corollary
                
                 (
                 p.
                 
                   38.
                   )
                   addeth
                   these
                   words
                
                 :
              
               
                 Neither
                 is
                 the
                 bare
                 conjecture
                 of
                 Sir
                 
                   Henry
                   Spelman
                
                 sufficient
                 to
                 take
                 away
                 the
                 force
                 of
                 these
                 Laws
                 .
                 Vide
                 Spelman
                 
                   in
                   Glossar
                   .
                   verbo
                
                 Feodum
                 .
              
               
                 Being
                 thus
                 by
                 way
                 of
                 voucher
                 made
                 a
                 chief
                 Antagonist
                 to
                 the
                 Reverend
                 opinion
                 of
                 these
                 learned
                 ,
                 grave
                 ,
                 and
                 honour'd
                 Judges
                 ,
                 I
                 humbly
                 desire
                 of
                 them
                 ,
                 that
                 writing
                 what
                 I
                 did
                 so
                 long
                 ago
                 ,
                 and
                 in
                 a
                 transitory
                 passage
                 among
                 a
                 thousand
                 other
                 obscure
                 words
                 (
                 not
                 thinking
                 then
                 to
                 be
                 provok'd
                 to
                 this
                 account
                 )
                 they
                 will
                 be
                 pleas'd
                 to
                 pardon
                 my
                 mistakings
                 where
                 they
                 fall
                 ,
                 and
                 to
                 hear
                 without
                 offence
                 ,
                 what
                 motives
                 led
                 me
                 to
                 my
                 conjectures
                 which
                 they
                 speak
                 of
                 .
                 It
                 is
                 necessary
                 therefore
                 ,
                 that
                 first
                 of
                 all
                 we
                 make
                 the
                 question
                 certain
                 ,
                 which
                 (
                 in
                 my
                 understanding
                 )
                 is
                 not
                 done
                 in
                 the
                 Report
                 .
                 For
                 it
                 is
                 not
                 declared
                 whether
                 there
                 were
                 divers
                 kinds
                 of
                 Feuds
                 or
                 no
                 ;
                 nor
                 what
                 kind
                 they
                 were
                 that
                 were
                 in
                 use
                 among
                 the
                 Saxons
                 :
                 nor
                 what
                 kind
                 those
                 were
                 that
                 I
                 conjectured
                 to
                 be
                 brought
                 in
                 by
                 the
                 
                   Norman
                   Conqueror
                
                 .
                 I
                 will
                 therefore
                 follow
                 the
                 direction
                 of
                 the
                 Orator
                 ,
                 and
                 fix
                 the
                 question
                 upon
                 the
                 definition
                 .
              
               
               
                 
                 
                   A
                   Feud
                
                 is
                 said
                 to
                 be
                 
                   Vsus
                   fruct●s
                   quidam
                   rei
                   immobilis
                   sub
                   conditione
                   fidei
                   .
                
                 But
                 this
                 Definition
                 is
                 of
                 too
                 large
                 extent
                 for
                 such
                 kind
                 of
                 Feuds
                 as
                 our
                 Question
                 must
                 consist
                 upon
                 :
                 for
                 it
                 includeth
                 two
                 members
                 or
                 species
                 greatly
                 differing
                 one
                 from
                 the
                 other
                 ,
                 the
                 one
                 
                   Temporary
                   and
                   revocable
                
                 ,
                 (
                 as
                 those
                 at
                 Will
                 or
                 for
                 Years
                 ,
                 Li●e
                 or
                 Lives
                 )
                 the
                 other
                 
                   Hereditary
                   and
                   perpetual
                
                 .
                 As
                 for
                 
                   Temporary
                   ●eu●s
                
                 ,
                 which
                 (
                 like
                 wild
                 fig-trees
                 )
                 could
                 yield
                 none
                 of
                 the
                 feodal
                 fruits
                 of
                 
                   Wardship
                   ,
                   Marriage
                   ,
                   Relief
                
                 ,
                 &c.
                 unto
                 their
                 Lords
                 ,
                 they
                 belong
                 nothing
                 unto
                 our
                 argument
                 ,
                 nor
                 shall
                 I
                 make
                 other
                 use
                 in
                 setting
                 of
                 them
                 forth
                 ,
                 than
                 to
                 assure
                 the
                 Reader
                 they
                 are
                 not
                 those
                 that
                 our
                 Laws
                 take
                 notice
                 of
                 .
              
               
                 To
                 come
                 therefore
                 to
                 our
                 proper
                 Scheme
                 ,
                 let
                 us
                 see
                 what
                 that
                 
                   Hereditary
                   Feud
                
                 is
                 ,
                 whereupon
                 our
                 Question
                 must
                 be
                 fixed
                 :
                 for
                 none
                 but
                 this
                 can
                 bear
                 the
                 feodal
                 fruits
                 we
                 speak
                 of
                 ,
                 
                   Wardship
                   ,
                   Marriage
                
                 ,
                 &c.
                 
              
               
                 
                 1
                 
                   A
                   Feud
                   is
                   a
                   right
                   which
                   the
                   Vassal
                   hath
                   in
                   Land
                   ,
                   or
                   some
                   immoveable
                   thing
                   of
                   his
                   Lord's
                   ,
                   to
                   use
                   the
                   same
                   and
                   take
                   the
                   profits
                   thereof
                   hereditarily
                   :
                   rendring
                   unto
                   his
                   Lord
                   such
                   feodal
                   duties
                   and
                   services
                   as
                   belong
                   to
                   military
                   tenure
                   :
                   the
                   meer
                   propriety
                   of
                   the
                   soil
                   always
                   remaining
                   unto
                   the
                   Lord.
                
                 I
                 call
                 it
                 as
                 the
                 Feudists
                 do
                 ,
                 
                   Jus
                   utendi
                   praedio
                   alieno
                   ;
                   a
                   right
                   to
                   use
                   another
                   mans
                   Land
                   ,
                
                 not
                 a
                 property
                 in
                 it
                 ;
                 for
                 in
                 true
                 feodal
                 speech
                 the
                 Tenant
                 or
                 Vassal
                 hath
                 nothing
                 in
                 the
                 2
                 propriety
                 of
                 the
                 soil
                 it self
                 ,
                 but
                 it
                 remaineth
                 intirely
                 unto
                 the
                 Lord
                 ,
                 and
                 is
                 comprehended
                 under
                 the
                 usual
                 name
                 which
                 we
                 now
                 give
                 it
                 of
                 the
                 Seignory
                 .
                 So
                 that
                 the
                 Seignory
                 and
                 the
                 Feud
                 being
                 joyned
                 together
                 ,
                 seem
                 to
                 make
                 that
                 absolute
                 and
                 compleat
                 estate
                 of
                 Inheritance
                 ,
                 which
                 the
                 Feudists
                 in
                 time
                 of
                 old
                 called
                 Allodium
                 .
                 But
                 this
                 kind
                 of
                 Feud
                 (
                 we
                 speak
                 of
                 )
                 and
                 no
                 other
                 ,
                 is
                 that
                 only
                 whereof
                 our
                 Law
                 taketh
                 notice
                 ,
                 though
                 time
                 hath
                 somewhat
                 varied
                 it
                 from
                 the
                 first
                 institution
                 ,
                 by
                 drawing
                 the
                 propriety
                 of
                 the
                 soil
                 from
                 the
                 Lord
                 unto
                 the
                 Tenant
                 .
                 And
                 I
                 both
                 conceive
                 and
                 affirm
                 under
                 correction
                 ,
                 
                   That
                   this
                   our
                   kind
                   of
                   Feuds
                   being
                   perpetual
                   and
                   hereditary
                   ,
                   and
                   subject
                   to
                   Wardship
                   ,
                   Marriage
                   ,
                   and
                   Relief
                   ,
                   with
                   other
                   feodal
                   services
                   ,
                   were
                   not
                   in
                   use
                   among
                   our
                
                 Saxons
                 ;
                 
                   nor
                   our
                   Law
                   of
                   Tenures
                   (
                   whereon
                   they
                   depend
                   )
                   once
                   known
                   unto
                   them
                   .
                
                 As
                 shall
                 appear
                 by
                 that
                 which
                 hereafter
                 followeth
                 .
              
            
             
               
                 CHAP.
                 II.
                 
              
               
                 The
                 Original
                 ,
                 Growth
                 ,
                 and
                 Propagation
                 of
                 Feuds
                 :
                 first
                 in
                 general
                 ,
                 then
                 in
                 England
                 .
              
               
                 BEfore
                 I
                 enter
                 into
                 the
                 Question
                 in
                 hand
                 ,
                 it
                 will
                 be
                 necessary
                 for
                 better
                 understanding
                 that
                 which
                 followeth
                 ,
                 to
                 set
                 forth
                 the
                 original
                 ,
                 growth
                 ,
                 propagation
                 ,
                 and
                 condition
                 of
                 Feuds
                 in
                 general
                 :
                 which
                 I
                 conceive
                 to
                 be
                 thus
                 .
              
               
                 There
                 were
                 no
                 doubt
                 from
                 the
                 beginning
                 of
                 
                   Jus
                   Gentium
                
                 ,
                 Lords
                 and
                 Servants
                 ;
                 and
                 those
                 servants
                 of
                 two
                 sorts
                 .
                 Some
                 to
                 attend
                 and
                 guard
                 the
                 person
                 of
                 their
                 Lord
                 upon
                 all
                 occasions
                 in
                 War
                 and
                 Peace
                 .
                 Some
                 to
                 manure
                 his
                 Lands
                 for
                 the
                 sustenance
                 of
                 him
                 and
                 his
                 Family
                 .
                 When
                 private
                 Families
                 were
                 drawn
                 into
                 a
                 Kingdom
                 ,
                 the
                 Kings
                 themselves
                 held
                 this
                 distribution
                 .
                 
                 Examples
                 hereof
                 are
                 in
                 all
                 Nations
                 .
                 3
                 King
                 David
                 well
                 observ'd
                 it
                 in
                 the
                 Institution
                 of
                 the
                 Kingdom
                 of
                 Israel
                 :
                 where
                 ,
                 if
                 such
                 services
                 have
                 any
                 shew
                 of
                 Feuds
                 or
                 Tenures
                 ,
                 we
                 have
                 a
                 pattern
                 for
                 them
                 all
                 :
                 viz.
                 For
                 that
                 of
                 Francalmoine
                 4
                 in
                 the
                 Levites
                 :
                 for
                 
                   Knight-service
                   ,
                   Tenure
                   in
                   Capite
                
                 ,
                 and
                 
                   Grand
                   Serjeanty
                
                 5
                 in
                 the
                 Military
                 men
                 ,
                 which
                 serv'd
                 the
                 King
                 personally
                 by
                 monthly
                 
                 courses
                 :
                 for
                 Socage
                 ,
                 in
                 those
                 whom
                 David
                 appointed
                 to
                 manure
                 the
                 Fields
                 ,
                 dress
                 the
                 Vineyards
                 ,
                 the
                 Olive-trees
                 ,
                 the
                 Mulberry-trees
                 ,
                 and
                 that
                 had
                 the
                 care
                 of
                 the
                 Oyl
                 ,
                 of
                 the
                 Oxen
                 ,
                 of
                 the
                 Camels
                 ,
                 Asses
                 ,
                 Sheep
                 ,
                 &c.
                 
                 For
                 the
                 lands
                 and
                 portion
                 of
                 the
                 Levites
                 was
                 given
                 to
                 do
                 the
                 service
                 of
                 the
                 Tabernacle
                 ;
                 1
                 the
                 lands
                 of
                 the
                 other
                 tribes
                 ,
                 to
                 fight
                 the
                 battels
                 of
                 the
                 Lord
                 against
                 his
                 idolatrous
                 enemies
                 ,
                 and
                 to
                 root
                 them
                 out
                 .
                 Thus
                 may
                 fancy
                 couple
                 the
                 remotest
                 things
                 .
                 To
                 come
                 lower
                 down
                 and
                 nearer
                 home
                 ,
                 2
                 Pausanias
                 tell
                 's
                 us
                 ,
                 that
                 when
                 Brennus
                 (
                 who
                 they
                 say
                 was
                 a
                 Britain
                 )
                 invaded
                 Greece
                 with
                 an
                 army
                 of
                 Gauls
                 ;
                 every
                 horseman
                 of
                 the
                 better
                 sort
                 ,
                 had
                 two
                 other
                 
                 horsemen
                 to
                 attend
                 and
                 second
                 him
                 (
                 as
                 his
                 Vassals
                 )
                 and
                 they
                 three
                 together
                 were
                 called
                 
                   〈◊〉
                   〈◊〉
                   〈◊〉
                   〈◊〉
                   〈◊〉
                
                 Trimarcesiam
                 ,
                 i.
                 e.
                 a
                 society
                 of
                 three
                 horsemen
                 .
                 3
                 But
                 Caesar
                 saith
                 ,
                 that
                 the
                 nobler
                 Gauls
                 in
                 his
                 time
                 ,
                 had
                 (
                 according
                 to
                 their
                 abilities
                 )
                 many
                 horsemen
                 attending
                 them
                 in
                 war
                 ,
                 whom
                 by
                 a
                 German
                 word
                 he
                 calleth
                 Ambactos
                 ,
                 which
                 properly
                 signifieth
                 servants
                 ,
                 vassals
                 ,
                 workmen
                 ,
                 
                 and
                 labourers
                 ;
                 yet
                 he
                 by
                 a
                 fairer
                 name
                 expoundeth
                 it
                 there
                 4
                 in
                 Latin
                 Clientes
                 ,
                 and
                 in
                 another
                 place
                 5
                 calleth
                 them
                 among
                 the
                 Germans
                 
                   Comites
                   &
                   familiares
                
                 ,
                 as
                 accounting
                 them
                 (
                 like
                 Abraham's
                 6
                 318.
                 
                 Souldiers
                 )
                 to
                 be
                 all
                 their
                 Lord's
                 followers
                 and
                 of
                 his
                 family
                 .
                 Tacitus
                 7
                 likewise
                 nameth
                 them
                 Comites
                 ,
                 as
                 companions
                 and
                 followers
                 ;
                 
                   quod
                   bello
                   sequi
                   Dominum
                   coguntur
                
                 ,
                 saith
                 8
                 Cujacius
                 .
                 But
                 Tacitus
                 further
                 saith
                 ,
                 
                   Gradus
                   quinetiam
                   ipse
                   Comitatus
                   habet
                   judicio
                   ejus
                   quem
                   sectantur
                
                 ;
                 that
                 there
                 were
                 degrees
                 in
                 those
                 companies
                 ,
                 as
                 he
                 whom
                 they
                 followed
                 did
                 appoint
                 .
                 Like
                 them
                 ,
                 perhaps
                 ,
                 in
                 after-ages
                 of
                 
                   Earls
                   ,
                   Barons
                   ,
                   Knights
                
                 ,
                 &c.
                 
                 But
                 how
                 the
                 Comites
                 or
                 Ambacti
                 were
                 maintained
                 ,
                 neither
                 Caesar
                 nor
                 yet
                 Tacitus
                 have
                 related
                 .
                 As
                 for
                 such
                 portions
                 of
                 land
                 ,
                 as
                 we
                 call
                 Knights-Fees
                 ,
                 they
                 could
                 not
                 then
                 have
                 any
                 ;
                 for
                 Caesar
                 9
                 speaking
                 of
                 the
                 Germans
                 saith
                 ,
                 (
                 and
                 so
                 it
                 appears
                 by
                 Tacitus
                 )
                 10
                 
                   neque
                   quisque
                   agri
                   modum
                   certum
                   ,
                   aut
                   fines
                   proprios
                   habet
                   ,
                
                 &c.
                 
                 
                   That
                   no
                   man
                   hath
                   any
                   certain
                   estate
                   or
                   peculiar
                   bounds
                   of
                   lands
                   ;
                   but
                   the
                   Magistrate
                   and
                   Lords
                   (
                   of
                   the
                   place
                   )
                   assign
                   from
                   year
                   to
                   year
                   to
                   kindreds
                   and
                   such
                   as
                   live
                   together
                   ,
                   what
                   quantity
                   of
                   land
                   ,
                   and
                   in
                   what
                   place
                   they
                   think
                   good
                   ;
                   and
                   the
                   next
                   year
                   force
                   them
                   to
                   remove
                   .
                
                 The
                 reason
                 you
                 may
                 see
                 in
                 Caesar
                 ,
                 who
                 11
                 also
                 sheweth
                 ,
                 
                   That
                   they
                   had
                   no
                   common
                   Magistrate
                   ;
                   but
                   the
                   Lord
                   of
                   the
                   Town
                   or
                   territorie
                   set
                   what
                   laws
                   he
                   would
                   among
                   his
                   followers
                   or
                   Ambactos
                   .
                
              
               
                 These
                 laws
                 ,
                 the
                 Goths
                 ,
                 the
                 Swedes
                 ,
                 the
                 Danes
                 ,
                 and
                 Saxons
                 ,
                 called
                 Bilagines
                 ;
                 of
                 By
                 ,
                 which
                 in
                 all
                 these
                 languages
                 signifieth
                 a
                 town
                 ,
                 and
                 lagh
                 or
                 laghen
                 which
                 signifieth
                 laws
                 ,
                 as
                 Gravius
                 12
                 Suecus
                 ,
                 and
                 our
                 Saxon
                 Authors
                 testifie
                 .
                 And
                 tho'
                 Jornandes
                 a
                 
                   Spanish
                   Goth
                
                 writeth
                 it
                 after
                 the
                 Spanish
                 corruption
                 Bellagine●
                 ,
                 yet
                 we
                 in
                 England
                 keep
                 the
                 very
                 radix
                 and
                 word
                 it self
                 By-laws
                 even
                 unto
                 this
                 day
                 ,
                 tho'
                 diverted
                 somewhat
                 from
                 the
                 sense
                 that
                 Caesar
                 speaks
                 of
                 .
                 For
                 we
                 call
                 them
                 Town-laws
                 or
                 By-laws
                 which
                 the
                 Townsmen
                 make
                 among
                 themselves
                 ;
                 but
                 Caesar
                 sheweth
                 that
                 the
                 Lords
                 imposed
                 them
                 .
                 Herewith
                 agreeth
                 ,
                 that
                 of
                 Tacitus
                 ,
                 or
                 some
                 other
                 Ancient
                 ,
                 who
                 speaking
                 of
                 the
                 Germans
                 saith
                 ,
                 
                   Agricolis
                   suis
                   jus
                   dicunt
                
                 ,
                 They
                 give
                 laws
                 to
                 them
                 which
                 dwell
                 upon
                 their
                 lands
                 .
                 For
                 I
                 take
                 Agricolis
                 here
                 in
                 the
                 larger
                 sense
                 ,
                 to
                 extend
                 to
                 all
                 that
                 dwell
                 upon
                 the
                 Lord's
                 lands
                 (
                 as
                 well
                 his
                 military
                 followers
                 as
                 his
                 husbandmen
                 )
                 in
                 the
                 same
                 manner
                 as
                 solicolae
                 containeth
                 all
                 that
                 live
                 upon
                 the
                 soil
                 ,
                 ruricolae
                 all
                 that
                 live
                 in
                 the
                 Country
                 ,
                 and
                 coelicolae
                 all
                 that
                 live
                 in
                 heaven
                 .
              
               
                 These
                 Lordships
                 of
                 Towns
                 ,
                 which
                 Caesar
                 speaketh
                 of
                 ,
                 were
                 after
                 by
                 the
                 Normans
                 called
                 Maneria
                 .
                 The
                 Ambacti
                 or
                 Comites
                 ,
                 and
                 these
                 which
                 he
                 saith
                 
                   sectabantur
                   Dominos
                   suos
                
                 ,
                 were
                 called
                 Vassalli
                 ,
                 and
                 
                   sectatores
                   manerii
                   sive
                   Curiae
                   Domini
                
                 Vassals
                 and
                 Suiters
                 of
                 Court.
                 The
                 Bilagines
                 or
                 Town-laws
                 were
                 called
                 Consuetudines
                 and
                 customs
                 of
                 the
                 Mannor
                 .
                 The
                 jurisdiction
                 ,
                 which
                 the
                 Lord
                 had
                 
                 over
                 his
                 followers
                 and
                 suiters
                 ,
                 was
                 called
                 
                   the
                   Court
                   Baron
                
                 ,
                 and
                 the
                 portions
                 of
                 land
                 ,
                 &c.
                 assigned
                 to
                 his
                 followers
                 for
                 their
                 stipend
                 or
                 maintenance
                 ,
                 were
                 at
                 first
                 called
                 Munera
                 ,
                 after
                 Beneficia
                 ;
                 and
                 lastly
                 Feuda
                 or
                 Tenant-lands
                 ,
                 which
                 were
                 of
                 two
                 sorts
                 ,
                 one
                 for
                 military
                 men
                 called
                 
                   Feudum
                   militare
                
                 and
                 
                   Feudum
                   nobile
                
                 ,
                 tenure
                 by
                 Knights-service
                 ;
                 the
                 other
                 for
                 husbandmen
                 call'd
                 therefore
                 
                   Feudum
                   rusticum
                   &
                   ignobile
                
                 ,
                 tenure
                 in
                 Socage
                 ,
                 or
                 by
                 the
                 Plough
                 .
              
               
                 Thus
                 it
                 appeareth
                 that
                 Feuds
                 and
                 Tenures
                 and
                 the
                 Feudal
                 law
                 it self
                 ,
                 took
                 their
                 original
                 from
                 the
                 Germans
                 and
                 Northern
                 Nations
                 .
                 In
                 such
                 condition
                 therefore
                 (
                 how
                 obscure
                 soever
                 )
                 as
                 Caesar
                 and
                 Tacitus
                 left
                 them
                 to
                 us
                 ,
                 1
                 
                   Gerardus
                   Niger
                
                 the
                 Consul
                 of
                 Milan
                 (
                 who
                 flourished
                 about
                 A.
                 D.
                 1176.
                 and
                 first
                 composed
                 them
                 into
                 a
                 book
                 )
                 taketh
                 them
                 up
                 as
                 he
                 there
                 findeth
                 them
                 ,
                 and
                 speaking
                 of
                 the
                 times
                 of
                 Caesar
                 and
                 Tacitus
                 (
                 as
                 having
                 the
                 forementioned
                 passages
                 under
                 his
                 eye
                 )
                 saith
                 ,
                 
                   Antiquissimo
                   tempore
                   sic
                   erat
                   in
                   Dominorum
                   potestate
                   connexum
                   ,
                   ut
                   quando
                   vellent
                   ,
                   possent
                   auferre
                   rem
                   in
                   feudum
                   à
                   se
                   datam
                   .
                
                 And
                 this
                 agreeth
                 with
                 Caesar
                 ,
                 by
                 whom
                 it
                 seemeth
                 in
                 the
                 places
                 before
                 mentioned
                 ,
                 that
                 the
                 Ambacti
                 or
                 followers
                 of
                 the
                 Germans
                 had
                 in
                 those
                 times
                 either
                 no
                 land
                 at
                 all
                 ,
                 or
                 no
                 estate
                 at
                 all
                 in
                 their
                 land
                 ,
                 or
                 first
                 but
                 at
                 the
                 will
                 of
                 the
                 Lord
                 ,
                 and
                 then
                 but
                 for
                 one
                 single
                 year
                 .
                 Which
                 Gerardus
                 also
                 confesseth
                 to
                 have
                 been
                 the
                 condition
                 of
                 the
                 eldest
                 sort
                 of
                 feudataries
                 ,
                 for
                 he
                 saith
                 presently
                 after
                 his
                 former
                 words
                 ,
                 
                   Postea
                   vero
                   eo
                   ventum
                   est
                   ,
                   ut
                   per
                   annum
                   tantum
                   stabilitatem
                   haberent
                   (
                   res
                   in
                   feudum
                   datae
                   )
                   .
                
                 Thus
                 for
                 another
                 while
                 their
                 Feudal
                 Vassals
                 (
                 whom
                 here
                 he
                 calleth
                 fideles
                 ,
                 and
                 we
                 now
                 tenants
                 by
                 Knights-Service
                 )
                 enjoyed
                 their
                 feuds
                 no
                 otherwise
                 than
                 from
                 year
                 to
                 year
                 at
                 the
                 pleasure
                 of
                 their
                 Lords
                 ,
                 either
                 by
                 grant
                 or
                 sufferance
                 ,
                 2
                 till
                 further
                 grace
                 confirmed
                 them
                 to
                 them
                 for
                 divers
                 years
                 ,
                 and
                 at
                 length
                 for
                 term
                 of
                 life
                 ,
                 which
                 Gerardus
                 also
                 presently
                 there
                 declareth
                 ,
                 saying
                 ,
                 
                   Deinde
                   statutum
                   est
                   ut
                   usque
                   ad
                   vitam
                   fidelis
                   producerentur
                   (
                   feuda
                   .
                   )
                
                 In
                 this
                 manner
                 stood
                 the
                 principal
                 feuds
                 themselves
                 ,
                 even
                 those
                 of
                 Earldoms
                 and
                 Dukedoms
                 (
                 which
                 they
                 call
                 
                   feuda
                   majora
                
                 and
                 
                   feuda
                   regalia
                
                 )
                 in
                 the
                 latter
                 time
                 of
                 the
                 Saxons
                 ,
                 till
                 the
                 coming
                 of
                 the
                 Conquerour
                 .
                 But
                 as
                 touching
                 the
                 lesser
                 feuds
                 which
                 we
                 call
                 Knights-Fees
                 ,
                 I
                 find
                 nothing
                 in
                 Abby-books
                 ,
                 otherwise
                 than
                 a
                 numerous
                 multitude
                 of
                 Leases
                 and
                 Grants
                 made
                 by
                 Bishops
                 and
                 Abbats
                 to
                 their
                 followers
                 for
                 term
                 of
                 life
                 ,
                 without
                 mention
                 of
                 Tenure
                 or
                 Feudal
                 service
                 .
                 Yet
                 I
                 must
                 confess
                 that
                 there
                 is
                 a
                 notable
                 precedent
                 3
                 left
                 us
                 by
                 Oswald
                 Bishop
                 of
                 Worcester
                 in
                 the
                 time
                 of
                 King
                 Edgar
                 ,
                 who
                 in
                 granting
                 out
                 the
                 lands
                 of
                 his
                 Bishoprick
                 unto
                 his
                 followers
                 ,
                 for
                 life
                 or
                 three
                 lives
                 ,
                 imposed
                 upon
                 them
                 by
                 a
                 solemn
                 Instrument
                 ,
                 ratified
                 by
                 the
                 King
                 himself
                 ,
                 a
                 multitude
                 of
                 services
                 and
                 charges
                 ,
                 as
                 well
                 military
                 as
                 civil
                 :
                 which
                 after
                 you
                 shall
                 here
                 see
                 ,
                 and
                 then
                 consider
                 how
                 and
                 whether
                 they
                 conduce
                 to
                 our
                 Feuds
                 or
                 not
                 .
              
               
                 
                 If
                 we
                 understand
                 them
                 to
                 be
                 Feuds
                 among
                 the
                 Saxons
                 or
                 of
                 that
                 nature
                 ,
                 then
                 are
                 we
                 sure
                 they
                 were
                 no
                 more
                 than
                 for
                 life
                 ,
                 and
                 not
                 inheritable
                 nor
                 stretching
                 further
                 ,
                 without
                 further
                 grace
                 obtained
                 from
                 the
                 Lord.
                 For
                 which
                 purpose
                 
                   Conradus
                   Salicus
                
                 (
                 a
                 French
                 Emperour
                 ,
                 but
                 of
                 German
                 descent
                 )
                 going
                 to
                 Rome
                 about
                 fourty
                 five
                 years
                 before
                 the
                 time
                 of
                 our
                 King
                 
                   Edgar
                   (
                   viz.
                   sub
                   An.
                   Dom.
                
                 915.
                 )
                 to
                 fetch
                 his
                 Crown
                 from
                 Pope
                 John
                 X.
                 made
                 a
                 Constitution
                 upon
                 the
                 petition
                 of
                 his
                 Souldiers
                 :
                 That
                 filii
                 or
                 aviatici
                 ,
                 the
                 sons
                 ,
                 or
                 if
                 no
                 Sons
                 were
                 living
                 the
                 Nephews
                 or
                 Grandsons
                 (
                 as
                 they
                 call
                 them
                 )
                 of
                 some
                 of
                 them
                 ,
                 should
                 succeed
                 in
                 the
                 Feud
                 of
                 their
                 Father
                 .
                 (
                 See
                 the
                 Constitution
                 in
                 the
                 beginning
                 of
                 the
                 fifth
                 book
                 of
                 
                   Feuds
                   .
                
                 )
                 But
                 Gerardus
                 noteth
                 that
                 this
                 law
                 settled
                 not
                 the
                 Feud
                 upon
                 the
                 eldest
                 Son
                 ,
                 or
                 any
                 other
                 Son
                 of
                 the
                 Feudatarie
                 particularly
                 ;
                 but
                 left
                 it
                 in
                 the
                 Lord's
                 election
                 to
                 please
                 himself
                 with
                 which
                 of
                 them
                 he
                 would
                 .
                 After
                 this
                 ,
                 Feuds
                 were
                 continued
                 in
                 divers
                 places
                 by
                 several
                 increments
                 to
                 the
                 third
                 ,
                 fourth
                 ,
                 fifth
                 ,
                 sixth
                 and
                 seventh
                 generation
                 ,
                 and
                 sometime
                 (
                 for
                 want
                 of
                 lineal
                 issue
                 )
                 collaterally
                 to
                 the
                 brother
                 ,
                 as
                 Gerardus
                 
                 testifieth
                 ;
                 but
                 whether
                 by
                 some
                 positive
                 law
                 ,
                 or
                 by
                 the
                 munificence
                 of
                 the
                 Lords
                 ,
                 he
                 doth
                 not
                 tell
                 us
                 ;
                 nor
                 when
                 or
                 by
                 whom
                 they
                 were
                 made
                 perpetual
                 and
                 hereditary
                 ;
                 tho'
                 he
                 confesseth
                 ,
                 that
                 at
                 last
                 they
                 grew
                 to
                 be
                 extended
                 
                   in
                   infinitum
                
                 ,
                 and
                 then
                 they
                 began
                 to
                 be
                 settled
                 upon
                 the
                 eldest
                 Son
                 ,
                 who
                 formerly
                 had
                 no
                 preheminence
                 above
                 a
                 younger
                 brother
                 .
                 But
                 while
                 they
                 stood
                 sometimes
                 produced
                 in
                 this
                 manner
                 by
                 the
                 indulgence
                 of
                 Princes
                 ,
                 to
                 the
                 third
                 ,
                 fourth
                 ,
                 or
                 fifth
                 generation
                 ,
                 &c.
                 some
                 men
                 of
                 learning
                 have
                 concluded
                 them
                 to
                 be
                 hereditary
                 ,
                 as
                 tho'
                 there
                 were
                 no
                 medium
                 between
                 a
                 limitation
                 (
                 how
                 far
                 so
                 ever
                 extended
                 )
                 and
                 infinitum
                 .
              
               
                 
                 To
                 pass
                 by
                 that
                 ;
                 let
                 us
                 now
                 go
                 on
                 in
                 examination
                 ,
                 when
                 and
                 how
                 Feuds
                 became
                 Hereditary
                 .
                 Some
                 suggest
                 a
                 shew
                 of
                 such
                 a
                 matter
                 under
                 the
                 two
                 Othones
                 ,
                 German
                 Emperours
                 (
                 who
                 succeeded
                 one
                 the
                 other
                 about
                 the
                 year
                 973.
                 )
                 But
                 to
                 rest
                 upon
                 the
                 common
                 and
                 received
                 opinion
                 (
                 which
                 we
                 shall
                 hereafter
                 more
                 at
                 large
                 declare
                 ,
                 )
                 the
                 truth
                 is
                 ,
                 that
                 when
                 
                   Hugh
                   Capet
                
                 usurped
                 the
                 Kingdom
                 of
                 France
                 againgst
                 the
                 Carolinges
                 ,
                 he
                 to
                 fortifie
                 himself
                 ,
                 and
                 to
                 draw
                 all
                 the
                 Nobility
                 of
                 France
                 to
                 support
                 his
                 Faction
                 about
                 the
                 year
                 987.
                 granted
                 to
                 them
                 in
                 the
                 year
                 988.
                 that
                 whereas
                 till
                 then
                 they
                 enjoyed
                 their
                 Feuds
                 and
                 Honors
                 but
                 for
                 life
                 or
                 at
                 pleasure
                 of
                 their
                 Princes
                 ;
                 they
                 should
                 from
                 thenceforth
                 for
                 ever
                 hold
                 them
                 to
                 them
                 ,
                 and
                 their
                 heirs
                 ,
                 in
                 Feudal
                 manner
                 by
                 the
                 Ceremony
                 of
                 Homage
                 ,
                 and
                 oath
                 of
                 Fealty
                 :
                 And
                 that
                 he
                 would
                 accordingly
                 maintain
                 them
                 therein
                 ,
                 as
                 they
                 supported
                 him
                 and
                 his
                 heirs
                 in
                 the
                 Crown
                 of
                 France
                 ;
                 which
                 they
                 joyfully
                 accepted
                 .
              
               
                 
                 This
                 was
                 a
                 fair
                 direction
                 for
                 William
                 of
                 Normandy
                 (
                 whom
                 we
                 call
                 the
                 Conquerour
                 )
                 how
                 to
                 secure
                 himself
                 of
                 this
                 his
                 new
                 acquired
                 Kingdom
                 of
                 England
                 ;
                 and
                 he
                 pretermitted
                 not
                 to
                 take
                 the
                 advantage
                 of
                 it
                 .
                 For
                 with
                 as
                 great
                 diligence
                 as
                 providence
                 ,
                 he
                 presently
                 transfer'd
                 his
                 Country-customs
                 into
                 England
                 (
                 as
                 the
                 
                   Black
                   book
                
                 of
                 the
                 Chequer
                 witnesseth
                 )
                 and
                 amongst
                 them
                 (
                 as
                 after
                 shall
                 be
                 made
                 perspicuous
                 )
                 this
                 new
                 French
                 custom
                 of
                 making
                 Feuds
                 hereditary
                 ,
                 not
                 regarding
                 the
                 former
                 use
                 of
                 our
                 Saxon
                 Ancestors
                 ;
                 who
                 ,
                 like
                 all
                 other
                 Nations
                 ,
                 save
                 the
                 French
                 ,
                 continued
                 till
                 that
                 time
                 their
                 Feuds
                 and
                 Tenures
                 ,
                 either
                 arbitrary
                 or
                 in
                 some
                 definite
                 limitation
                 ,
                 according
                 to
                 the
                 ancient
                 manner
                 of
                 the
                 Germans
                 ,
                 receiv'd
                 generally
                 throughout
                 Europe
                 .
                 For
                 by
                 the
                 multitude
                 of
                 their
                 Colonies
                 and
                 transmigrations
                 into
                 all
                 the
                 chiefest
                 parts
                 thereof
                 ,
                 they
                 carried
                 with
                 them
                 such
                 Feodal
                 rights
                 ,
                 as
                 were
                 then
                 in
                 use
                 amongst
                 them
                 ;
                 and
                 planting
                 those
                 rites
                 and
                 customs
                 in
                 those
                 several
                 Countries
                 where
                 they
                 settled
                 themselves
                 ,
                 did
                 by
                 that
                 means
                 make
                 all
                 those
                 several
                 Countries
                 to
                 hold
                 a
                 general
                 conformitie
                 in
                 their
                 Feuds
                 and
                 Military
                 customs
                 .
                 So
                 by
                 the
                 Longobards
                 they
                 were
                 carried
                 into
                 Italy
                 ,
                 by
                 the
                 Saliques
                 into
                 the
                 Eastern
                 parts
                 of
                 France
                 ,
                 by
                 the
                 Franks
                 into
                 the
                 West
                 part
                 thereof
                 ,
                 by
                 the
                 Saxons
                 into
                 this
                 our
                 Britain
                 ,
                 by
                 their
                 neighbours
                 the
                 Western
                 Goths
                 (
                 who
                 communicated
                 with
                 the
                 Germans
                 in
                 manners
                 ,
                 laws
                 ,
                 and
                 customs
                 ,
                 )
                 into
                 Spain
                 ;
                 and
                 by
                 the
                 Eastern
                 Goths
                 into
                 Greece
                 it self
                 ,
                 and
                 the
                 Eastern
                 parts
                 of
                 Europe
                 ,
                 &c.
                 
                 These
                 (
                 I
                 say
                 )
                 carried
                 with
                 them
                 into
                 the
                 parts
                 of
                 Europe
                 ,
                 where
                 they
                 settled
                 ,
                 such
                 ancient
                 Feudal
                 customs
                 ,
                 as
                 at
                 the
                 time
                 of
                 their
                 transmigration
                 were
                 in
                 use
                 among
                 them
                 .
                 But
                 the
                 more
                 prevalent
                 and
                 more
                 generally
                 receiv'd
                 customs
                 ,
                 were
                 those
                 that
                 were
                 in
                 use
                 or
                 taken
                 up
                 in
                 the
                 time
                 of
                 Conradus
                 the
                 Emperour
                 ,
                 and
                 when
                 Feuds
                 became
                 hereditary
                 ;
                 for
                 on
                 them
                 especially
                 is
                 the
                 Feudal
                 Law
                 grounded
                 and
                 composed
                 ,
                 tho'
                 enlarg'd
                 oftentimes
                 by
                 Constitutions
                 of
                 the
                 Emperours
                 ,
                 and
                 spread
                 abroad
                 into
                 divers
                 Nations
                 by
                 their
                 example
                 ,
                 countenance
                 ,
                 or
                 authority
                 .
                 Wherein
                 the
                 Court
                 of
                 Milan
                 was
                 chiefly
                 followed
                 
                   in
                   rebus
                   judicatis
                
                 (
                 as
                 appeareth
                 by
                 Duarenus
                 1
                 and
                 Merula
                 2
                 ;
                 )
                 but
                 reserving
                 unto
                 every
                 Nation
                 their
                 peculiar
                 rights
                 and
                 customs
                 .
                 3
                 For
                 it
                 was
                 generally
                 received
                 into
                 every
                 Kingdom
                 ,
                 and
                 then
                 conceived
                 to
                 be
                 the
                 most
                 absolute
                 law
                 for
                 supporting
                 the
                 
                 Royal
                 estate
                 ,
                 preserving
                 union
                 ,
                 confirming
                 peace
                 ,
                 and
                 suppressing
                 robberies
                 ,
                 incendiaries
                 ,
                 and
                 rebellions
                 .
                 I
                 conclude
                 with
                 Cujacius
                 ,
                 who
                 upon
                 the
                 above-cited
                 passages
                 of
                 
                   Gerardus
                   Niger
                
                 ,
                 saith
                 ,
                 1
                 
                   Quam
                   aliam
                   Feudorum
                   originem
                   quaerimus
                   ?
                   His
                   veluti
                   incrementis
                   paulatim
                   feuda
                   constituta
                   sunt
                   ;
                   quae
                   &
                   post
                   Conradum
                   usus
                   recepit
                   ,
                   ut
                   transirent
                   ad
                   liberos
                   mares
                   in
                   infinitum
                   ,
                
                 &c.
                 
              
               
                 
                 The
                 Military
                 and
                 Lay-Feuds
                 being
                 thus
                 advanced
                 from
                 an
                 arbitrary
                 condition
                 to
                 become
                 perpetual
                 and
                 hereditary
                 ,
                 2
                 did
                 now
                 in
                 ordinary
                 account
                 leave
                 their
                 former
                 name
                 of
                 Beneficia
                 (
                 which
                 were
                 only
                 temporary
                 for
                 years
                 ,
                 or
                 life
                 )
                 unto
                 the
                 Livings
                 of
                 the
                 Clergy
                 ,
                 and
                 retained
                 to
                 themselves
                 the
                 proper
                 name
                 of
                 Feuds
                 ,
                 whereby
                 they
                 were
                 produced
                 to
                 be
                 perpetual
                 and
                 hereditary
                 .
                 Cujacius
                 therefore
                 speaking
                 of
                 them
                 both
                 ,
                 saith
                 ,
                 3
                 
                   Feudum
                   differt
                   a
                   beneficio
                   ,
                   quod
                   hoc
                   temporaneum
                   fuit
                   ,
                   illud
                   perpetuum
                   .
                
                 And
                 treating
                 in
                 another
                 place
                 of
                 these
                 beneficiarii
                 and
                 
                   temporarii
                   possessores
                
                 ,
                 he
                 saith
                 further
                 ,
                 4
                 
                   Iisdem
                   postea
                   c●pit
                   concedi
                   feudum
                   in
                   perpetuum
                   ,
                   quod
                   est
                   verum
                   ,
                   &
                   proprium
                   Feudum
                   .
                
                 Concluding
                 in
                 a
                 third
                 place
                 ,
                 5
                 that
                 
                   Propria
                   Feudi
                   natura
                   haec
                   est
                   ,
                   ut
                   sit
                   perpetua
                   .
                
                 So
                 that
                 Cassineus
                 in
                 the
                 Feuds
                 of
                 Burgundy
                 saith
                 ,
                 6
                 that
                 
                   Omne
                   Feudum
                   quocunque
                   modo
                   acquisitum
                   fit
                   haereditarium
                   ,
                   cum
                   successione
                   sit
                   redactum
                   ad
                   instar
                   Allodialium
                   :
                
                 That
                 all
                 Feuds
                 by
                 what
                 means
                 soever
                 they
                 be
                 acquired
                 ,
                 are
                 made
                 hereditary
                 ;
                 in
                 so
                 much
                 as
                 by
                 the
                 continual
                 succession
                 of
                 the
                 children
                 into
                 the
                 Feuds
                 of
                 their
                 Fathers
                 ,
                 the
                 Feuds
                 are
                 now
                 brought
                 to
                 be
                 like
                 Allodial
                 or
                 patrimonial
                 inheritances
                 .
                 Thus
                 Feudum
                 (
                 which
                 at
                 first
                 was
                 but
                 a
                 tottering
                 possession
                 ,
                 
                   ad
                   voluntatem
                   Domini
                
                 )
                 growing
                 at
                 length
                 to
                 be
                 an
                 irrevocable
                 estate
                 ,
                 descending
                 by
                 many
                 successions
                 from
                 son
                 to
                 son
                 ,
                 became
                 at
                 last
                 to
                 be
                 an
                 absolute
                 inheritance
                 ,
                 and
                 thereupon
                 the
                 words
                 themselves
                 Feudum
                 and
                 Haereditas
                 in
                 common
                 use
                 of
                 speech
                 
                   
                     (
                     Quem
                     penes
                     arbitrium
                     est
                     &
                     jus
                     &
                     norma
                     loquendi
                     )
                  
                
                 to
                 be
                 
                   voces
                   convertibiles
                
                 ,
                 and
                 by
                 a
                 fair
                 metonymia
                 each
                 to
                 signifie
                 other
                 .
                 For
                 as
                 Horace
                 further
                 saith
                 ,
                 
                   
                     —
                     Verborum
                     vetus
                     interit
                     aetas
                     ,
                  
                   
                     Et
                     juvenum
                     ritu
                     florent
                     modo
                     nata
                     vigentque
                     .
                  
                
                 Aptly
                 therefore
                 and
                 truly
                 is
                 it
                 said
                 by
                 the
                 ever
                 honoured
                 Justice
                 Littleton
                 ,
                 that
                 
                   Feodum
                   idem
                   est
                   quod
                   haereditas
                
                 ;
                 and
                 the
                 captious
                 criticism
                 of
                 Sir
                 
                   Thomas
                   Smith
                
                 (
                 Dr.
                 of
                 the
                 Civil
                 Law
                 )
                 in
                 denying
                 it
                 ,
                 is
                 to
                 his
                 own
                 reproach
                 :
                 for
                 his
                 great
                 Master
                 Cujacius
                 (
                 as
                 before
                 appeareth
                 )
                 supporteth
                 Littleton
                 ;
                 and
                 his
                 fellow
                 Civilians
                 do
                 tell
                 him
                 ,
                 
                   quod
                   in
                   feudis
                   particularis
                   &
                   localis
                   consuetudo
                   attendenda
                   est
                   .
                
                 And
                 Littleton
                 received
                 it
                 as
                 used
                 in
                 this
                 signification
                 from
                 the
                 eldest
                 writers
                 of
                 our
                 Law.
                 Of
                 the
                 like
                 indiscretion
                 is
                 that
                 of
                 Dr.
                 Cowell
                 ,
                 who
                 carpeth
                 at
                 this
                 ancient
                 phrase
                 used
                 in
                 the
                 formulis
                 of
                 our
                 pleading
                 ,
                 where
                 it
                 is
                 ordinarily
                 said
                 ,
                 
                   Rex
                   seisitus
                   fuit
                   in
                   Dominico
                   suo
                   ut
                   de
                   feodo
                   ,
                
                 as
                 tho
                 
                   de
                   feodo
                
                 was
                 there
                 to
                 be
                 understood
                 according
                 to
                 the
                 Court
                 of
                 Milan
                 ,
                 for
                 
                   praedium
                   militare
                   superiori
                   Domino
                   &
                   servitiis
                   obnoxium
                
                 ;
                 not
                 by
                 the
                 laws
                 of
                 England
                 ,
                 
                   pro
                   directo
                   dominio
                   vel
                   haereditate
                   pura
                   &
                   absoluta
                   .
                
              
               
                 
                 To
                 conclude
                 therefore
                 .
                 It
                 appeareth
                 by
                 this
                 passage
                 of
                 Justice
                 Littleton's
                 ,
                 joyned
                 to
                 that
                 we
                 have
                 formerly
                 delivered
                 ,
                 that
                 our
                 Law
                 took
                 no
                 notice
                 of
                 Feuds
                 till
                 they
                 were
                 become
                 hereditary
                 with
                 us
                 ;
                 which
                 being
                 since
                 the
                 Conquest
                 (
                 as
                 we
                 have
                 already
                 shewed
                 ,
                 and
                 shall
                 prove
                 abundantly
                 hereafter
                 )
                 overthroweth
                 all
                 the
                 arguments
                 in
                 the
                 Report
                 produced
                 for
                 proving
                 our
                 Feodal
                 rites
                 of
                 
                   Tenure
                   ,
                   Wardship
                   ,
                   Marriage
                   ,
                   Relief
                   ,
                
                 &c.
                 to
                 have
                 been
                 in
                 use
                 among
                 the
                 Saxons
                 ;
                 for
                 till
                 they
                 were
                 hereditary
                 ,
                 these
                 appendances
                 could
                 not
                 belong
                 to
                 them
                 .
                 It
                 is
                 also
                 very
                 improbable
                 that
                 Feuds
                 were
                 made
                 hereditary
                 here
                 in
                 England
                 before
                 other
                 Countries
                 ;
                 or
                 that
                 the
                 more
                 civil
                 Nations
                 of
                 Europe
                 ,
                 should
                 take
                 example
                 herein
                 from
                 our
                 rude
                 (
                 if
                 not
                 illiterate
                 )
                 Saxons
                 .
              
            
             
               
               
                 CHAP.
                 III.
                 
              
               
                 That
                 none
                 of
                 our
                 
                   Feodal
                   Words
                
                 ,
                 nor
                 
                   Words
                   of
                   Tenure
                
                 ,
                 are
                 found
                 in
                 any
                 Law
                 or
                 ancient
                 Charter
                 of
                 the
                 Saxons
                 .
              
               
                 
                 IT
                 appeareth
                 by
                 that
                 which
                 hath
                 been
                 said
                 ,
                 that
                 our
                 modern
                 kind
                 of
                 Feuds
                 could
                 not
                 be
                 in
                 use
                 among
                 our
                 English
                 Saxons
                 .
                 And
                 it
                 will
                 now
                 be
                 a
                 question
                 ,
                 whether
                 any
                 of
                 our
                 modern
                 Tenures
                 (
                 or
                 which
                 of
                 them
                 )
                 were
                 then
                 in
                 use
                 ,
                 or
                 not
                 ?
                 The
                 Report
                 saith
                 ,
                 
                   It
                   is
                   most
                   manifest
                   that
                   Capite-Tenures
                   ,
                   Tenures
                   by
                   Knight-service
                   ,
                   Tenure
                   in
                   Socage
                   ,
                   Frank-Almoign
                   ,
                   &c.
                   were
                   frequent
                   in
                   the
                   time
                   of
                   the
                   Saxons
                   .
                
                 I
                 desire
                 that
                 without
                 offence
                 ,
                 I
                 may
                 examine
                 this
                 that
                 is
                 so
                 manifest
                 ,
                 and
                 so
                 frequent
                 .
                 I
                 confess
                 there
                 be
                 many
                 specious
                 shews
                 of
                 Knight-service
                 and
                 Socage
                 among
                 our
                 Saxon
                 Ancestors
                 ;
                 but
                 whether
                 by
                 way
                 of
                 
                   Tenure
                   ,
                   Contract
                
                 ,
                 or
                 
                   De
                   more
                   Gentium
                
                 ,
                 must
                 be
                 well
                 examined
                 .
                 For
                 the
                 Romans
                 and
                 other
                 Nations
                 had
                 formerly
                 as
                 great
                 command
                 over
                 their
                 followers
                 ,
                 and
                 such
                 as
                 dwelt
                 upon
                 their
                 lands
                 ,
                 as
                 our
                 Saxons
                 had
                 ,
                 yet
                 was
                 it
                 without
                 any
                 rule
                 or
                 speech
                 of
                 Tenure
                 .
              
               
                 
                 The
                 word
                 Tenura
                 is
                 neither
                 known
                 nor
                 found
                 in
                 any
                 Latin
                 Author
                 of
                 antiquity
                 ,
                 nor
                 any
                 conjugate
                 thereof
                 (
                 as
                 
                   tenentes
                   ,
                   tenementa
                   ,
                   tenere
                
                 or
                 tenendum
                 )
                 in
                 a
                 feodal
                 sense
                 .
                 The
                 first
                 place
                 where
                 I
                 meet
                 with
                 tenere
                 in
                 that
                 manner
                 ,
                 is
                 amongst
                 the
                 Saliques
                 and
                 Germans
                 ,
                 in
                 the
                 Constitution
                 before
                 mentioned
                 of
                 Conradus
                 the
                 Emperour
                 ,
                 about
                 the
                 year
                 915
                 ,
                 when
                 Beneficia
                 (
                 which
                 we
                 now
                 call
                 Feuds
                 )
                 were
                 first
                 continued
                 to
                 some
                 of
                 the
                 sons
                 and
                 grand-children
                 of
                 the
                 male
                 line
                 of
                 them
                 that
                 then
                 enjoyed
                 them
                 .
                 But
                 I
                 find
                 not
                 one
                 of
                 those
                 words
                 or
                 any
                 consignificant
                 or
                 equivalent
                 to
                 them
                 ,
                 in
                 all
                 our
                 Saxon-laws
                 .
                 The
                 word
                 
                   Feodum
                   ,
                   Feud
                
                 or
                 Fee
                 it self
                 ,
                 is
                 never
                 mentioned
                 in
                 them
                 ,
                 nor
                 is
                 there
                 any
                 sound
                 of
                 Tenure
                 in
                 Capite
                 ,
                 Tenure
                 by
                 Knight-service
                 ,
                 Tenure
                 in
                 
                   Socage
                   ,
                   Frank-Almoign
                
                 ,
                 &c.
                 either
                 in
                 our
                 Saxon
                 laws
                 or
                 in
                 the
                 laws
                 of
                 any
                 other
                 Nation
                 (
                 that
                 I
                 can
                 find
                 )
                 till
                 the
                 time
                 that
                 Feuds
                 began
                 to
                 be
                 perpetual
                 or
                 hereditary
                 (
                 as
                 before
                 is
                 mentioned
                 .
                 )
                 It
                 is
                 true
                 that
                 in
                 some
                 Latin
                 Charters
                 of
                 the
                 Saxon
                 time
                 ,
                 we
                 now
                 and
                 then
                 find
                 the
                 words
                 
                   Tenere
                   ,
                   tenementum
                
                 ,
                 and
                 tenendum
                 :
                 and
                 in
                 a
                 Charter
                 of
                 Beorredus
                 King
                 of
                 the
                 Mercians
                 dated
                 Anno
                 868.
                 the
                 words
                 
                   de
                   eodem
                   seodo
                
                 ,
                 (
                 as
                 tho'
                 Lordships
                 at
                 that
                 time
                 had
                 been
                 distributed
                 into
                 
                   Feuds
                   ;
                
                 )
                 which
                 being
                 reported
                 by
                 Ingulfus
                 
                 a
                 Saxon
                 ,
                 giveth
                 great
                 probability
                 that
                 Feuds
                 were
                 then
                 in
                 use
                 .
                 But
                 it
                 is
                 to
                 be
                 noted
                 ,
                 that
                 these
                 Charters
                 are
                 (
                 as
                 I
                 said
                 )
                 in
                 Latin
                 and
                 not
                 in
                 Saxon
                 ;
                 and
                 therefore
                 not
                 likely
                 to
                 be
                 the
                 very
                 originals
                 ,
                 but
                 translations
                 of
                 them
                 made
                 after
                 the
                 Conquest
                 for
                 the
                 instruction
                 of
                 the
                 Normans
                 ,
                 either
                 by
                 Ingulf
                 himself
                 ,
                 or
                 some
                 other
                 expert
                 in
                 the
                 Norman
                 language
                 ,
                 laws
                 ,
                 and
                 customs
                 .
                 Who
                 applying
                 himself
                 to
                 the
                 understanding
                 of
                 the
                 Normans
                 ,
                 used
                 Norman
                 words
                 ,
                 and
                 such
                 interpretation
                 as
                 they
                 were
                 best
                 acquainted
                 with
                 ,
                 tho'
                 differing
                 from
                 the
                 propriety
                 of
                 the
                 Saxon
                 tongue
                 ;
                 and
                 so
                 perhaps
                 translated
                 
                   de
                   eodem
                   f●odo
                
                 for
                 
                   de
                   eodem
                   territorio
                
                 or
                 patrimonio
                 ;
                 and
                 
                   tenentes
                   ,
                   tenementa
                
                 and
                 tenendum
                 ,
                 for
                 
                   possidentes
                   ,
                   possessiones
                
                 and
                 possidendum
                 .
                 Not
                 unlike
                 our
                 translators
                 of
                 the
                 holy
                 Scriptures
                 ,
                 who
                 tell
                 us
                 of
                 the
                 Arms
                 of
                 Families
                 ,
                 Chancellors
                 ,
                 Sheriffs
                 ,
                 Recorders
                 ,
                 Townclerks
                 ,
                 Doctors
                 of
                 Law
                 ,
                 Homage
                 done
                 to
                 Solomon
                 ,
                 and
                 of
                 the
                 arraignment
                 of
                 our
                 blessed
                 Saviour
                 ;
                 as
                 tho'
                 the
                 Jewish
                 and
                 Asiatick
                 Nations
                 had
                 in
                 those
                 days
                 of
                 old
                 ,
                 their
                 College
                 of
                 Heralds
                 ,
                 the
                 same
                 Magistrates
                 ,
                 Officers
                 ,
                 Degrees
                 in
                 School
                 ,
                 Customs
                 of
                 Law
                 ,
                 Pleas
                 of
                 the
                 Crown
                 ,
                 and
                 form
                 of
                 Government
                 ,
                 which
                 we
                 in
                 England
                 have
                 at
                 this
                 day
                 .
                 
              
               
                 By
                 such
                 allusions
                 I
                 suppose
                 (
                 or
                 illusions
                 rather
                 )
                 came
                 our
                 later
                 Feodal
                 words
                 into
                 ancient
                 Latin
                 Charters
                 .
                 I
                 desire
                 to
                 see
                 but
                 one
                 Charter
                 in
                 the
                 Saxon
                 
                 tongue
                 before
                 the
                 Conquest
                 ,
                 wherein
                 any
                 
                   Feodal
                   Word
                
                 is
                 apparently
                 expressed
                 .
                 A
                 Saxon
                 Chronicle
                 telleth
                 us
                 ,
                 that
                 King
                 Alfred
                 in
                 the
                 year
                 896.
                 gave
                 London
                 to
                 Ethelred
                 (
                 an
                 Earl
                 or
                 Alderman
                 that
                 married
                 his
                 daughter
                 Ethelfled
                 )
                 to
                 healdo
                 ,
                 that
                 is
                 
                   ad
                   tenendum
                
                 ,
                 which
                 some
                 understand
                 Feodally
                 as
                 to
                 hold
                 it
                 of
                 him
                 ;
                 but
                 Wigorniensis
                 reports
                 the
                 matter
                 plainly
                 
                   ad
                   servandum
                
                 ,
                 that
                 is
                 ,
                 to
                 keep
                 and
                 defend
                 it
                 .
                 So
                 among
                 the
                 customs
                 of
                 Kent
                 ,
                 the
                 word
                 healder
                 
                   (
                   i.
                   e.
                
                 holder
                 )
                 is
                 used
                 for
                 a
                 Tenant
                 in
                 the
                 Saxon
                 distich
                 there
                 cited
                 .
                 But
                 it
                 is
                 to
                 be
                 noted
                 ,
                 that
                 those
                 customs
                 were
                 collected
                 long
                 after
                 the
                 Conquest
                 ,
                 and
                 therefore
                 written
                 in
                 the
                 Norman
                 tongue
                 ,
                 not
                 in
                 the
                 Saxon
                 ;
                 and
                 that
                 the
                 distich
                 it self
                 is
                 not
                 of
                 the
                 ancient
                 Saxon
                 ,
                 but
                 of
                 a
                 puisne
                 dialect
                 used
                 vulgarly
                 since
                 the
                 Conquest
                 .
              
               
                 
                 But
                 because
                 the
                 Charter
                 of
                 Beorredus
                 (
                 produced
                 by
                 my self
                 against
                 my self
                 )
                 is
                 more
                 material
                 for
                 proof
                 of
                 Feuds
                 among
                 the
                 Saxons
                 ,
                 than
                 all
                 that
                 is
                 alledged
                 to
                 that
                 purpose
                 in
                 the
                 Report
                 ;
                 First
                 ,
                 in
                 respect
                 of
                 the
                 Antiquity
                 thereof
                 ;
                 then
                 for
                 that
                 it
                 nameth
                 the
                 word
                 feodo
                 expresly
                 ;
                 and
                 thirdly
                 ,
                 for
                 that
                 it
                 declareth
                 certain
                 lands
                 to
                 be
                 
                   de
                   eodem
                   feodo
                
                 ,
                 as
                 if
                 there
                 were
                 many
                 other
                 Feods
                 then
                 in
                 use
                 :
                 Give
                 me
                 leave
                 (
                 I
                 beseech
                 you
                 )
                 to
                 examine
                 this
                 Charter
                 yet
                 more
                 largely
                 and
                 particularly
                 .
                 It
                 is
                 therefore
                 to
                 be
                 understood
                 ,
                 that
                 the
                 elder
                 Saxons
                 made
                 their
                 ordinary
                 conveyance
                 of
                 Lands
                 ,
                 &c.
                 without
                 deed
                 or
                 writing
                 ,
                 by
                 delivery
                 of
                 a
                 Turff
                 or
                 Spear
                 ,
                 a
                 Staff
                 ,
                 an
                 Arrow
                 ,
                 or
                 some
                 other
                 symboll
                 ,
                 in
                 token
                 thereof
                 .
                 Yea
                 their
                 very
                 Laws
                 (
                 like
                 those
                 of
                 the
                 Lacedaemonians
                 called
                 Rhetra
                 )
                 were
                 unwritten
                 ;
                 till
                 Ethelbert
                 their
                 first
                 Christian
                 King
                 ,
                 caused
                 his
                 own
                 Laws
                 to
                 be
                 put
                 in
                 writing
                 about
                 the
                 year
                 605.
                 (
                 as
                 other
                 Western
                 Nations
                 in
                 an
                 age
                 or
                 two
                 before
                 had
                 done
                 )
                 and
                 as
                 Bede
                 saith
                 ,
                 1
                 wrote
                 them
                 in
                 the
                 Saxon
                 tongue
                 .
                 The
                 first
                 Charter
                 (
                 if
                 I
                 shall
                 so
                 call
                 it
                 )
                 or
                 writing
                 ,
                 touching
                 lands
                 and
                 privileges
                 ,
                 was
                 (
                 as
                 a
                 MS.
                 of
                 Canterbury
                 reporteth
                 )
                 made
                 by
                 Withredus
                 King
                 of
                 Kent
                 in
                 the
                 year
                 694.
                 and
                 (
                 as
                 that
                 Charter
                 it self
                 witnesseth
                 )
                 was
                 appointed
                 to
                 be
                 kept
                 in
                 the
                 Church
                 of
                 our
                 Saviour
                 at
                 Canterbury
                 ,
                 as
                 a
                 precedent
                 for
                 posterity
                 to
                 imitate
                 ;
                 and
                 tho'
                 it
                 appeareth
                 not
                 there
                 in
                 what
                 language
                 it
                 was
                 written
                 ,
                 yet
                 I
                 presume
                 it
                 was
                 in
                 the
                 same
                 with
                 their
                 Law
                 ,
                 which
                 was
                 the
                 Saxon
                 tongue
                 .
                 For
                 there
                 be
                 two
                 copies
                 of
                 it
                 extant
                 in
                 Latin
                 ,
                 so
                 differing
                 the
                 one
                 from
                 the
                 other
                 ,
                 as
                 thereby
                 they
                 both
                 appear
                 to
                 be
                 translations
                 .
                 For
                 proof
                 thereof
                 ,
                 the
                 one
                 of
                 them
                 useth
                 the
                 words
                 Charta
                 and
                 Chartula
                 ,
                 which
                 Ingulfus
                 affirmeth
                 to
                 be
                 brought
                 in
                 hither
                 by
                 the
                 Normans
                 ,
                 that
                 is
                 ,
                 above
                 three
                 hundred
                 years
                 after
                 the
                 time
                 of
                 this
                 Charter
                 of
                 Withred's
                 .
                 The
                 other
                 Latin
                 copy
                 termeth
                 it
                 Scriptum
                 not
                 Chartam
                 ;
                 and
                 the
                 Saxons
                 themselves
                 used
                 neither
                 of
                 those
                 words
                 ,
                 but
                 called
                 such
                 writings
                 in
                 Latin
                 Chirographos
                 ,
                 not
                 Chartas
                 ;
                 as
                 Ingulfus
                 there
                 also
                 testifieth
                 .
                 So
                 that
                 it
                 hereby
                 appeareth
                 ,
                 that
                 the
                 Prototype
                 or
                 first
                 pattern
                 of
                 Charters
                 which
                 the
                 Saxons
                 imitated
                 ,
                 was
                 not
                 in
                 Latin
                 but
                 in
                 Saxon.
                 
              
               
                 
                 Secondly
                 ,
                 it
                 is
                 therefore
                 to
                 be
                 presumed
                 (
                 and
                 very
                 strongly
                 )
                 that
                 tho'
                 this
                 Charter
                 of
                 Beorredus
                 remaineth
                 to
                 us
                 by
                 a
                 Latin
                 copy
                 ,
                 yet
                 the
                 original
                 it self
                 (
                 like
                 a
                 thousand
                 others
                 )
                 was
                 in
                 the
                 Saxon
                 tongue
                 .
                 Nor
                 could
                 it
                 in
                 all
                 probability
                 be
                 otherwise
                 ;
                 for
                 at
                 the
                 very
                 time
                 when
                 it
                 was
                 made
                 ,
                 
                   (
                   viz.
                
                 in
                 anno
                 868.
                 )
                 learning
                 was
                 so
                 generally
                 subverted
                 throughout
                 England
                 ,
                 by
                 the
                 barbarous
                 Danes
                 ,
                 that
                 King
                 Alfred
                 (
                 who
                 began
                 to
                 reign
                 within
                 four
                 years
                 after
                 the
                 date
                 thereof
                 )
                 saith
                 ,
                 2
                 
                   Paucissimi
                   fuerunt
                   cis
                   Humbrum
                   ,
                   qui
                   vel
                   preces
                   suas
                   communes
                   sermone
                   Anglico
                   intelligere
                   potuerant
                   ,
                   vel
                   scriptum
                   aliquod
                   è
                   Latino
                   transferre
                   .
                   Tam
                   sane
                   pauci
                   fuerunt
                   ,
                   ut
                   ne
                   unum
                   quidem
                   recordari
                   possum
                   ex
                   australi
                   parte
                   Thamesis
                   ,
                   tum
                   cum
                   ego
                   regnare
                   occaeperam
                   .
                
                 But
                 as
                 their
                 original
                 Charters
                 were
                 in
                 the
                 Saxon
                 tongue
                 ;
                 so
                 in
                 the
                 Leiger-books
                 in
                 which
                 they
                 are
                 preserved
                 to
                 us
                 ,
                 they
                 are
                 often
                 set
                 down
                 in
                 the
                 Saxon
                 ,
                 and
                 then
                 (
                 because
                 the
                 books
                 themselves
                 are
                 in
                 Latin
                 )
                 they
                 are
                 there
                 translated
                 also
                 into
                 Latin
                 ,
                 and
                 often
                 times
                 set
                 down
                 in
                 the
                 Latin
                 only
                 without
                 the
                 Saxon
                 ;
                 as
                 in
                 the
                 
                 book
                 of
                 Ramsey-Abby
                 ,
                 which
                 having
                 no
                 Charters
                 in
                 it
                 in
                 the
                 Saxon
                 tongue
                 ,
                 the
                 Author
                 of
                 it
                 saith
                 ,
                 1
                 that
                 himself
                 had
                 there
                 translated
                 them
                 all
                 into
                 Latin
                 ,
                 after
                 that
                 that
                 Abby
                 in
                 the
                 days
                 of
                 King
                 Stephen
                 had
                 recovered
                 her
                 liberty
                 .
                 Yet
                 I
                 deny
                 not
                 ,
                 that
                 Latin
                 Charters
                 might
                 be
                 often
                 used
                 by
                 their
                 latter
                 Clergy-men
                 ,
                 when
                 learning
                 (
                 which
                 in
                 Beorred's
                 time
                 was
                 utterly
                 subverted
                 )
                 began
                 at
                 last
                 to
                 recover
                 life
                 again
                 .
              
               
                 
                 Thirdly
                 ,
                 (
                 I
                 conceive
                 )
                 that
                 the
                 word
                 feudum
                 or
                 feodum
                 was
                 not
                 in
                 use
                 in
                 
                 Beorredus's
                 days
                 ,
                 
                   (
                   viz.
                   anno
                
                 .
                 868.
                 )
                 For
                 proof
                 whereof
                 ,
                 we
                 are
                 to
                 consider
                 the
                 infancy
                 ,
                 youth
                 ,
                 and
                 full
                 age
                 of
                 the
                 
                   Feodal
                   Law
                
                 ;
                 for
                 according
                 to
                 these
                 several
                 times
                 ,
                 the
                 
                   Feodal
                   Lands
                
                 had
                 their
                 several
                 denominations
                 .
                 First
                 ,
                 they
                 were
                 called
                 Munera
                 ,
                 then
                 Beneficia
                 ,
                 and
                 lastly
                 Feuda
                 (
                 as
                 is
                 aforesaid
                 .
                 )
                 Marculfus
                 ,
                 who
                 collected
                 the
                 Formulas
                 (
                 or
                 Precedents
                 as
                 we
                 call
                 them
                 )
                 of
                 Charters
                 and
                 Instruments
                 of
                 the
                 time
                 he
                 lived
                 in
                 (
                 which
                 was
                 under
                 Clodovaeus
                 II.
                 King
                 of
                 France
                 about
                 the
                 year
                 660.
                 )
                 maketh
                 mention
                 ,
                 in
                 his
                 first
                 book
                 of
                 Munera
                 ,
                 and
                 in
                 his
                 second
                 of
                 Beneficia
                 ;
                 but
                 no
                 where
                 of
                 Feuda
                 :
                 and
                 he
                 who
                 a
                 hundred
                 years
                 or
                 more
                 after
                 him
                 collected
                 the
                 Formula's
                 
                   incerti
                   Autoris
                
                 ,
                 speaketh
                 divers
                 times
                 2
                 of
                 Beneficium
                 ,
                 but
                 never
                 nameth
                 Feudum
                 :
                 for
                 that
                 this
                 term
                 came
                 not
                 into
                 use
                 till
                 afterwards
                 ,
                 when
                 these
                 Beneficia
                 began
                 to
                 be
                 granted
                 in
                 perpetuity
                 .
                 
                   Beneficium
                   Regis
                
                 (
                 saith
                 3
                 
                   Bignonius
                   )
                   postea
                   Feudum
                   dictum
                   est
                   .
                
                 And
                 in
                 another
                 place
                 he
                 saith
                 ,
                 4
                 
                   Beneficii
                   nomine
                   ea
                   praedia
                   dicta
                   (
                   sunt
                   )
                   —
                   quae
                   Feuda
                   posteritas
                   dixit
                   ;
                   initio
                   namque
                   vita
                   accipientis
                   finiebantur
                   .
                
                 As
                 if
                 he
                 should
                 say
                 ,
                 they
                 were
                 called
                 Beneficia
                 when
                 they
                 were
                 granted
                 only
                 for
                 life
                 of
                 the
                 Grantee
                 ;
                 but
                 were
                 called
                 Feuda
                 when
                 they
                 began
                 to
                 be
                 granted
                 in
                 perpetuity
                 ,
                 and
                 not
                 before
                 .
                 Cujacius
                 therefore
                 speaking
                 5
                 of
                 Feudatarii
                 ,
                 which
                 word
                 came
                 into
                 use
                 with
                 Feudum
                 ,
                 (
                 for
                 Relatives
                 
                   mutuo
                   se
                   ponunt
                   &
                   auferunt
                
                 )
                 saith
                 ,
                 that
                 when
                 
                   Actores
                   ,
                   custodesque
                   proediorum
                   nostrorum
                   temporarii
                   ,
                   perpetui
                   esse
                   caeperunt
                   ,
                
                 &c.
                 when
                 those
                 who
                 had
                 the
                 use
                 and
                 ordering
                 of
                 our
                 Lands
                 for
                 a
                 certain
                 time
                 ,
                 began
                 to
                 enjoy
                 them
                 in
                 perpetuity
                 ,
                 and
                 yet
                 retained
                 their
                 Latin
                 name
                 of
                 Homines
                 (
                 our
                 
                   Men
                   ,
                
                 )
                 they
                 grew
                 then
                 also
                 to
                 be
                 called
                 after
                 new
                 and
                 forreign
                 names
                 ,
                 
                   Vassalli
                   ,
                   Leudes
                
                 and
                 Feudatarii
                 ,
                 by
                 the
                 Princes
                 and
                 great
                 Noblemen
                 ;
                 who
                 choosed
                 rather
                 to
                 grant
                 them
                 lands
                 in
                 perpetuity
                 ,
                 in
                 consideration
                 that
                 they
                 should
                 do
                 them
                 military
                 service
                 .
                 And
                 he
                 saith
                 ,
                 that
                 these
                 names
                 were
                 first
                 brought
                 into
                 Italy
                 by
                 the
                 German
                 Princes
                 .
                 Where
                 (
                 and
                 particularly
                 in
                 Milan
                 ,
                 as
                 Merula
                 reporteth
                 )
                 the
                 Feodal
                 Laws
                 and
                 Customs
                 have
                 had
                 their
                 original
                 ,
                 and
                 from
                 thence
                 been
                 propagated
                 throughout
                 Europe
                 .
                 By
                 this
                 it
                 appeareth
                 ,
                 that
                 the
                 words
                 Feudum
                 and
                 Feudatarii
                 were
                 not
                 in
                 use
                 till
                 that
                 the
                 word
                 Munera
                 was
                 grown
                 obsolete
                 .
                 Nor
                 afterward
                 ,
                 till
                 Beneficia
                 ,
                 leaving
                 to
                 be
                 temporary
                 or
                 but
                 for
                 life
                 ,
                 became
                 to
                 be
                 perpetual
                 possessions
                 ;
                 which
                 (
                 as
                 I
                 have
                 often
                 said
                 )
                 was
                 not
                 long
                 before
                 the
                 Conquest
                 .
                 So
                 that
                 the
                 word
                 Feudum
                 could
                 not
                 be
                 in
                 use
                 in
                 
                 Beorredus's
                 time
                 ,
                 who
                 lived
                 two
                 hundred
                 years
                 before
                 .
              
               
                 
                 Fourthly
                 ,
                 Tho'
                 the
                 word
                 Feudum
                 were
                 in
                 the
                 original
                 Charter
                 of
                 Beorredus
                 ,
                 yet
                 doth
                 it
                 not
                 prove
                 that
                 our
                 Feuds
                 were
                 then
                 in
                 use
                 .
                 For
                 call
                 them
                 Beneficia
                 or
                 call
                 them
                 Feuda
                 ,
                 certain
                 it
                 is
                 that
                 neither
                 the
                 one
                 nor
                 the
                 other
                 were
                 then
                 hereditary
                 or
                 perpetual
                 ,
                 but
                 either
                 temporary
                 or
                 for
                 life
                 only
                 ;
                 which
                 at
                 length
                 begat
                 the
                 difference
                 between
                 Feuda
                 and
                 Beneficia
                 ,
                 for
                 Beneficia
                 in
                 a
                 restrained
                 sense
                 began
                 to
                 signifie
                 no
                 more
                 than
                 an
                 estate
                 for
                 life
                 ,
                 (
                 in
                 which
                 sense
                 it
                 resteth
                 at
                 this
                 day
                 in
                 our
                 Clergy-men's
                 Livings
                 called
                 Benefices
                 )
                 and
                 the
                 word
                 Feuda
                 grew
                 to
                 be
                 understood
                 only
                 of
                 such
                 Beneficia
                 or
                 Benefices
                 ,
                 as
                 were
                 perpetual
                 and
                 hereditary
                 .
              
               
                 To
                 return
                 from
                 whence
                 we
                 digressed
                 .
                 I
                 suppose
                 it
                 now
                 appeareth
                 sufficiently
                 ,
                 how
                 some
                 
                   Feodal
                   words
                
                 are
                 crept
                 into
                 Charters
                 and
                 writings
                 of
                 Saxon
                 date
                 ;
                 and
                 I
                 think
                 I
                 may
                 conclude
                 ,
                 that
                 the
                 words
                 before
                 mentioned
                 
                   (
                   Tenura
                   ,
                   tenentes
                   ,
                   tenementa
                   ,
                   tenere
                
                 or
                 tenendum
                 ,
                 in
                 a
                 feodal
                 sense
                 ,
                 or
                 feodum
                 it self
                 )
                 
                 were
                 not
                 in
                 use
                 among
                 them
                 .
                 Much
                 less
                 Tenure
                 
                   in
                   Capite
                
                 ,
                 Tenure
                 by
                 
                   Knight-service
                   ,
                   Tenure
                
                 in
                 Socage
                 ,
                 or
                 Frank-Almoign
                 ;
                 tho'
                 the
                 like
                 services
                 were
                 performed
                 to
                 the
                 Saxon
                 Lordships
                 ,
                 by
                 their
                 Thanes
                 and
                 Theodens
                 ,
                 their
                 Socmen
                 or
                 Husbandmen
                 ,
                 and
                 their
                 Beads-men
                 or
                 Clergy-men
                 ,
                 by
                 way
                 of
                 contract
                 for
                 the
                 lands
                 received
                 from
                 them
                 ;
                 as
                 were
                 after
                 the
                 Conquest
                 to
                 the
                 Norman
                 Lordships
                 by
                 way
                 of
                 Tenure
                 ,
                 for
                 lands
                 holden
                 of
                 them
                 .
              
               
                 The
                 Neapolitan
                 and
                 Sicilian
                 Constitutions
                 (
                 which
                 had
                 their
                 original
                 from
                 Princes
                 of
                 Norman
                 lineage
                 )
                 1
                 do
                 .....
                 the
                 Conquest
                 here
                 in
                 England
                 2
                 make
                 mention
                 of
                 
                   tenens
                   ,
                   tenere
                   ,
                   tenementum
                
                 and
                 
                   tenere
                   de
                   Rege
                   in
                   Capite
                
                 ;
                 but
                 whether
                 the
                 Normans
                 carried
                 these
                 terms
                 into
                 Italy
                 ,
                 when
                 they
                 Conquer'd
                 Naples
                 about
                 the
                 year
                 1031.
                 3
                 or
                 brought
                 them
                 from
                 thence
                 into
                 Normandy
                 ,
                 I
                 cannot
                 determine
                 .
                 Certain
                 it
                 is
                 ,
                 that
                 from
                 the
                 Normans
                 they
                 came
                 to
                 us
                 in
                 England
                 ;
                 for
                 being
                 not
                 met
                 with
                 before
                 in
                 any
                 authentick
                 Author
                 ,
                 we
                 presently
                 after
                 the
                 Conquest
                 begin
                 to
                 hear
                 of
                 them
                 ,
                 even
                 about
                 the
                 third
                 or
                 fourth
                 year
                 of
                 the
                 Conqueror's
                 reign
                 ,
                 as
                 appeareth
                 4
                 by
                 his
                 Charter
                 of
                 
                   Emendationes
                   Legum
                
                 in
                 the
                 
                   Red
                   book
                
                 of
                 the
                 Exchequer
                 ,
                 f.
                 162.
                 b.
                 and
                 in
                 
                   Lambard's
                   Archaionomia
                
                 .
              
            
             
               
                 CHAP.
                 IV.
                 
              
               
                 Of
                 Tenures
                 in
                 Capite
                 ,
                 
                   more
                   particularly
                
                 .
              
               
                 
                 TOuching
                 Tenures
                 therefore
                 
                   in
                   Capite
                
                 ,
                 I
                 think
                 I
                 may
                 boldly
                 say
                 ,
                 that
                 here
                 were
                 none
                 in
                 England
                 in
                 the
                 Saxons
                 time
                 ,
                 after
                 the
                 manner
                 now
                 in
                 use
                 among
                 us
                 .
              
               
                 First
                 ,
                 For
                 that
                 their
                 
                   Feodal
                   Lands
                
                 (
                 as
                 we
                 have
                 shewed
                 )
                 were
                 not
                 descendible
                 before
                 the
                 Conquest
                 .
                 For
                 tho'
                 there
                 were
                 hla●ord
                 and
                 ðane
                 amongst
                 the
                 Saxons
                 ,
                 that
                 is
                 ,
                 Lord
                 and
                 Thane
                 ,
                 or
                 Servitour
                 ,
                 whom
                 beyond
                 the
                 Seas
                 they
                 called
                 
                   Seigneur
                   &
                   Vassall
                   ,
                   alias
                   Vassallum
                   ,
                   Dominum
                   &
                   Clientem
                   ,
                
                 while
                 their
                 feuds
                 were
                 arbitrable
                 or
                 but
                 for
                 years
                 or
                 life
                 ;
                 yet
                 grew
                 not
                 the
                 words
                 of
                 tenure
                 into
                 use
                 ,
                 till
                 that
                 Feuds
                 became
                 descendable
                 to
                 posterities
                 ,
                 and
                 thereby
                 obliged
                 the
                 whole
                 succession
                 of
                 heirs
                 to
                 depend
                 and
                 hold
                 upon
                 their
                 Capital
                 Lords
                 by
                 the
                 services
                 imposed
                 at
                 the
                 creation
                 of
                 that
                 Feud
                 .
              
               
                 Secondly
                 ,
                 The
                 word
                 
                   in
                   Capite
                
                 is
                 like
                 a
                 Relative
                 in
                 Logick
                 ;
                 which
                 being
                 a
                 supreme
                 degree
                 of
                 it self
                 ,
                 implieth
                 some
                 other
                 degrees
                 to
                 be
                 under
                 it
                 ,
                 as
                 
                   Tenant
                   in
                   medio
                
                 or
                 
                   Tenant
                   in
                   imo
                
                 ,
                 or
                 both
                 ,
                 viz.
                 
                   Tenant
                   in
                   Capite
                   ,
                   Tenant
                   in
                   menalty
                   ,
                
                 and
                 
                   Tenant
                   Paravale
                
                 ,
                 or
                 at
                 least
                 
                   Tenant
                   in
                   Capite
                
                 and
                 
                   Tenant
                   Paravale
                
                 ,
                 which
                 inferiour
                 Tenants
                 could
                 not
                 be
                 in
                 the
                 Saxons
                 time
                 ,
                 for
                 that
                 the
                 granting
                 of
                 Feuds
                 in
                 perpetuity
                 (
                 out
                 of
                 which
                 the
                 under-Tenancies
                 must
                 be
                 deduced
                 )
                 was
                 (
                 as
                 I
                 have
                 said
                 )
                 not
                 yet
                 in
                 use
                 .
              
               
                 
                 Thirdly
                 ,
                 to
                 hold
                 
                   in
                   Capite
                
                 is
                 of
                 two
                 sorts
                 ,
                 The
                 one
                 general
                 ,
                 which
                 is
                 of
                 the
                 King
                 ,
                 as
                 
                   Caput
                   regni
                   &
                   caput
                   generalissimum
                   omnium
                   Feodorum
                   ,
                
                 the
                 fountain
                 whence
                 all
                 feuds
                 and
                 tenures
                 have
                 their
                 main
                 original
                 .
                 The
                 other
                 special
                 or
                 subaltern
                 ,
                 which
                 is
                 of
                 a
                 particular
                 subject
                 ,
                 as
                 
                   Caput
                   feudi
                
                 or
                 
                   terrae
                   illius
                
                 ,
                 so
                 called
                 because
                 he
                 was
                 the
                 first
                 that
                 created
                 and
                 granted
                 that
                 feud
                 or
                 land
                 in
                 that
                 manner
                 of
                 tenure
                 ,
                 wherein
                 it
                 standeth
                 ,
                 and
                 is
                 therefore
                 at
                 this
                 day
                 so
                 to
                 be
                 understood
                 by
                 the
                 ordinary
                 words
                 (
                 in
                 our
                 Deeds
                 )
                 of
                 
                   tenendum
                   de
                   Capitalibus
                   Dominis
                   feodi
                   illius
                   ,
                
                 &c.
                 signifying
                 that
                 the
                 lands
                 so
                 granted
                 (
                 since
                 the
                 statute
                 of
                 
                   Quia
                   Emptores
                   terrarum
                
                 )
                 must
                 now
                 be
                 holden
                 mediately
                 or
                 immediately
                 of
                 him
                 or
                 his
                 heirs
                 or
                 assigns
                 ,
                 that
                 was
                 
                   Caput
                   Feodi
                
                 ,
                 the
                 first
                 that
                 created
                 or
                 granted
                 that
                 Feud
                 in
                 that
                 tenure
                 ,
                 who
                 thereupon
                 was
                 called
                 
                   Capitalis
                   
                   Dominus
                   &
                   Caput
                   terrae
                   illius
                
                 ;
                 among
                 the
                 Feudists
                 
                   Capitanus
                   feudi
                   illius
                   ▪
                
                 And
                 the
                 Grantee
                 and
                 his
                 heirs
                 were
                 said
                 to
                 be
                 Tenants
                 
                   in
                   Capite
                
                 ,
                 because
                 they
                 held
                 immediately
                 of
                 him
                 that
                 first
                 granted
                 that
                 feud
                 or
                 land
                 in
                 that
                 manner
                 .
                 Hereupon
                 David
                 I.
                 King
                 of
                 Scots
                 and
                 Earl
                 of
                 Huntingdon
                 here
                 in
                 England
                 ,
                 was
                 in
                 right
                 of
                 his
                 Earldom
                 (
                 in
                 the
                 time
                 of
                 King
                 Henry
                 I.
                 )
                 said
                 to
                 be
                 
                   Capud
                   terrae
                   de
                   Crancfeld
                   &
                   Craule
                   post
                   regem
                   Angliae
                
                 1
                 .
                 And
                 
                   Roger
                   de
                   Molbray
                
                 about
                 the
                 same
                 time
                 or
                 shortly
                 after
                 ,
                 made
                 a
                 grant
                 in
                 these
                 words
                 :
                 
                   Roger
                   de
                   Molbray
                   omnibus
                   hominibus
                   &
                   fidelibus
                   suis
                   Normannis
                   &
                   Anglis
                   salutem
                   .
                   Sciatis
                   quod
                   ego
                   concessi
                   Roberto
                   de
                   Ardenna
                   Clerico
                   amico
                   meo
                   totum
                   nemus
                   de
                   Bedericheslea
                   cum
                   omnibus
                   antiquis
                   libertatibus
                   &
                   consuetudinibus
                   ejusdem
                   nemoris
                   ad
                   tenendum
                   de
                   me
                   in
                   Capite
                   &
                   haeredibus
                   meis
                   ita
                   libere
                   &
                   quiete
                   ,
                   &c.
                   sicut
                   ego
                   unquam
                   ,
                
                 &c.
                 
                 The
                 Deed
                 is
                 without
                 date
                 ;
                 but
                 note
                 that
                 the
                 direction
                 of
                 it
                 is
                 
                   Omnibus
                   hominibus
                   fidelibus
                   suis
                   Normannis
                   &
                   Anglis
                   ,
                
                 which
                 implieth
                 that
                 it
                 was
                 made
                 before
                 Henry
                 II's
                 time
                 :
                 for
                 he
                 being
                 of
                 Anjou
                 in
                 France
                 and
                 bringing
                 in
                 French-men
                 with
                 him
                 ,
                 altered
                 then
                 very
                 properly
                 the
                 directions
                 of
                 Charters
                 into
                 
                   Hominibus
                   &
                   fidelibus
                   suis
                   Francis
                   &
                   Anglis
                   .
                
                 Yet
                 I
                 find
                 the
                 same
                 direction
                 ,
                 tho'
                 more
                 improperly
                 ,
                 to
                 be
                 some
                 time
                 used
                 under
                 the
                 Norman
                 Kings
                 .
                 Qu.
                 
              
               
                 So
                 likewise
                 (
                 as
                 before
                 )
                 
                   W.
                   Marshall
                
                 the
                 great
                 Earl
                 of
                 Pembrock
                 ,
                 in
                 a
                 Charter
                 of
                 his
                 ,
                 useth
                 these
                 words
                 about
                 the
                 beginning
                 of
                 Henry
                 III's
                 time
                 (
                 as
                 I
                 take
                 it
                 :
                 )
                 
                   Nisi
                   fortè
                   forinseca
                   tenementa
                   tenueris
                   de
                   me
                
                 (
                 in
                 )
                 Capite
                 .
                 And
                 2
                 
                   Mat.
                   Paris
                
                 in
                 An.
                 1250.
                 making
                 mention
                 of
                 one
                 G.
                 a
                 Knight
                 ,
                 saith
                 ,
                 that
                 
                   Rex
                   memoratus
                
                 (
                 Hen.
                 III.
                 )
                 
                   cuidam
                   militi
                   tenenti
                   de
                   Ecclesia
                   S.
                   Albani
                   in
                   Capite
                   ,
                   &c.
                   warennam
                   concessit
                   :
                
                 where
                 the
                 words
                 
                   tenenti
                   de
                   Ecclesia
                   S.
                   Albani
                   in
                   Capite
                   ,
                
                 do
                 signifie
                 ,
                 that
                 some
                 Abbat
                 of
                 the
                 Church
                 of
                 St.
                 Alban
                 first
                 created
                 and
                 granted
                 that
                 Feud
                 .
              
               
                 Having
                 thus
                 in
                 general
                 manner
                 prepared
                 my
                 way
                 to
                 the
                 ensuing
                 discourse
                 ,
                 I
                 shall
                 now
                 (
                 God
                 willing
                 )
                 by
                 the
                 patience
                 of
                 them
                 whom
                 it
                 most
                 concerneth
                 ,
                 examine
                 such
                 particular
                 assertions
                 ,
                 as
                 are
                 produced
                 in
                 the
                 Report
                 ,
                 either
                 to
                 prove
                 our
                 Tenures
                 and
                 Feuds
                 with
                 their
                 dependancies
                 ,
                 to
                 have
                 been
                 in
                 use
                 among
                 the
                 Saxons
                 ,
                 or
                 to
                 disprove
                 what
                 I
                 have
                 affirmed
                 in
                 my
                 Glossary
                 ,
                 or
                 in
                 the
                 Chapters
                 here
                 precedent
                 ,
                 and
                 will
                 first
                 shew
                 therein
                 as
                 followeth
                 .
              
            
             
               
                 CHAP.
                 V.
                 
              
               
                 What
                 degrees
                 and
                 distinction
                 of
                 persons
                 were
                 among
                 the
                 Saxons
                 ,
                 and
                 of
                 what
                 condition
                 their
                 lands
                 were
                 .
              
               
                 
                 FOr
                 the
                 better
                 understanding
                 of
                 our
                 discourse
                 ,
                 it
                 is
                 necessary
                 that
                 we
                 should
                 shew
                 what
                 degrees
                 and
                 distinctions
                 of
                 persons
                 were
                 among
                 the
                 Saxons
                 ,
                 and
                 of
                 what
                 condition
                 their
                 lands
                 were
                 .
                 Touching
                 their
                 persons
                 ,
                 they
                 are
                 by
                 themselves
                 divided
                 in
                 this
                 manner
                 ,
                 Eorle
                 and
                 Ceorl
                 and
                 Ðegn
                 and
                 Ðeoden
                 .
                 In
                 Latin
                 Comes
                 and
                 
                   Villanus
                   ,
                   Tainus
                
                 [
                 unus
                 ]
                 &
                 
                   alius
                   ,
                   singuli
                   pro
                   modo
                   suo
                   .
                
                 That
                 is
                 to
                 say
                 ,
                 the
                 Earl
                 and
                 the
                 Husbandman
                 ,
                 the
                 Thane
                 of
                 the
                 greater
                 sort
                 called
                 the
                 King's
                 Thane
                 ,
                 and
                 the
                 Thane
                 of
                 the
                 lesser
                 sort
                 called
                 the
                 Theoden
                 or
                 Vnder-thane
                 .
                 More
                 degrees
                 the
                 Saxons
                 had
                 not
                 in
                 their
                 Laity
                 ,
                 and
                 among
                 these
                 must
                 all
                 the
                 tenures
                 lye
                 that
                 were
                 in
                 use
                 with
                 them
                 .
                 As
                 for
                 their
                 bond-men
                 (
                 whom
                 they
                 called
                 Theowes
                 and
                 Esnes
                 )
                 they
                 were
                 not
                 counted
                 members
                 of
                 that
                 Common-wealth
                 ,
                 but
                 parcels
                 of
                 their
                 Master's
                 goods
                 and
                 substance
                 .
              
               
               
                 
                 Touching
                 lands
                 among
                 the
                 Saxons
                 they
                 were
                 of
                 two
                 sorts
                 ,
                 Bocland
                 and
                 Folcland
                 .
                 Bocland
                 signifieth
                 
                   terram
                   codicillarem
                
                 or
                 librariam
                 ,
                 Charter-lands
                 :
                 for
                 the
                 Saxons
                 called
                 a
                 Deed
                 or
                 Charter
                 an
                 bec
                 ,
                 i.
                 e.
                 librum
                 ,
                 a
                 book
                 ;
                 and
                 this
                 properly
                 was
                 their
                 
                   terra
                   haereditaria
                
                 :
                 for
                 it
                 commonly
                 carried
                 with
                 it
                 the
                 absolute
                 inheritance
                 and
                 propriety
                 of
                 the
                 Land
                 ,
                 and
                 was
                 therefore
                 preserved
                 in
                 writing
                 ,
                 and
                 possess'd
                 by
                 the
                 Thanes
                 and
                 Nobler
                 sort
                 ,
                 as
                 
                   proedium
                   nobile
                   ,
                   liberum
                   &
                   immune
                   a
                   servitiis
                   vulgaribus
                   &
                   servilibus
                   .
                
                 In
                 which
                 respect
                 the
                 Thanes
                 themselves
                 were
                 also
                 called
                 liberales
                 ,
                 as
                 appeareth
                 1
                 by
                 Canute's
                 Forest-laws
                 
                   (
                   Art.
                
                 1.
                 3.
                 
                 &
                 
                   seqq
                   .
                
                 )
                 a
                 name
                 not
                 well
                 agreeing
                 with
                 Feodal
                 servitudes
                 .
                 But
                 it
                 seemeth
                 by
                 divers
                 Abby-books
                 ,
                 that
                 some
                 Estates
                 for
                 life
                 ,
                 which
                 we
                 call
                 
                   Frank
                   tenements
                
                 ,
                 were
                 also
                 put
                 in
                 writing
                 ,
                 especially
                 among
                 the
                 latter
                 Saxons
                 .
                 Yet
                 were
                 not
                 these
                 accounted
                 bocland
                 ;
                 for
                 they
                 were
                 laden
                 commonly
                 with
                 many
                 feodal
                 and
                 ministerial
                 services
                 ,
                 whereas
                 bocland
                 (
                 as
                 I
                 said
                 )
                 was
                 free
                 from
                 all
                 services
                 not
                 holden
                 of
                 any
                 Lord
                 ,
                 the
                 very
                 same
                 that
                 Allodium
                 ;
                 descendable
                 (
                 according
                 to
                 the
                 common
                 course
                 of
                 Nations
                 and
                 of
                 Nature
                 )
                 unto
                 all
                 the
                 sons
                 ,
                 and
                 therefore
                 called
                 Gavelkind
                 ,
                 not
                 restrain'd
                 to
                 the
                 eldest
                 son
                 (
                 as
                 feodal
                 lands
                 were
                 not
                 at
                 first
                 )
                 but
                 devisable
                 also
                 by
                 will
                 ,
                 and
                 thereupon
                 called
                 
                   Terrae
                   testamentales
                
                 ,
                 as
                 the
                 Thane
                 that
                 possessed
                 them
                 was
                 said
                 to
                 be
                 
                   testamento
                   dignus
                
                 .
              
               
                 
                 Folcland
                 was
                 
                   terra
                   vulgi
                
                 ,
                 the
                 land
                 of
                 the
                 vulgar
                 people
                 ,
                 who
                 had
                 no
                 estate
                 therein
                 ,
                 but
                 held
                 the
                 same
                 (
                 under
                 such
                 rents
                 and
                 services
                 as
                 were
                 accustomed
                 or
                 agreed
                 of
                 )
                 at
                 the
                 will
                 only
                 of
                 their
                 Lord
                 the
                 Thane
                 ;
                 and
                 it
                 was
                 therefore
                 not
                 put
                 in
                 writing
                 ,
                 but
                 accounted
                 
                   proedium
                   rusticum
                   &
                   ignobile
                
                 .
              
               
                 But
                 both
                 the
                 greater
                 and
                 the
                 lesser
                 Thanes
                 ,
                 which
                 possessed
                 Bocland
                 or
                 hereditary
                 lands
                 ,
                 divided
                 them
                 according
                 to
                 the
                 proportion
                 of
                 their
                 estates
                 
                 into
                 two
                 sorts
                 ;
                 
                   i.
                   e.
                
                 into
                 Inland
                 and
                 Outland
                 .
                 2
                 The
                 Inland
                 was
                 that
                 which
                 lay
                 next
                 or
                 most
                 convenient
                 for
                 the
                 Lord's
                 Mansion-house
                 ,
                 as
                 within
                 the
                 view
                 thereof
                 ,
                 and
                 therefore
                 they
                 kept
                 that
                 part
                 in
                 their
                 own
                 hands
                 for
                 supportation
                 of
                 their
                 family
                 and
                 Hospitality
                 .
                 The
                 Normans
                 afterwards
                 called
                 these
                 lands
                 
                   terras
                   dominicales
                
                 ,
                 the
                 Demains
                 or
                 Lord's
                 lands
                 :
                 The
                 
                   Germans
                   ,
                   terras
                   indominicatas
                
                 ,
                 lands
                 in
                 the
                 Lord
                 's
                 own
                 use
                 :
                 The
                 
                   Feudists
                   ,
                   terras
                   curtiles
                
                 or
                 
                   intra
                   curtem
                
                 ,
                 lands
                 appropriate
                 to
                 the
                 Court
                 or
                 House
                 of
                 the
                 Lord.
                 
              
               
                 
                 Outland
                 was
                 that
                 which
                 lay
                 beyond
                 or
                 out
                 from
                 among
                 the
                 Inlands
                 or
                 Demeans
                 ,
                 and
                 was
                 not
                 granted
                 out
                 to
                 any
                 Tenant
                 hereditarily
                 ,
                 but
                 ,
                 like
                 our
                 Copy-holds
                 of
                 ancient
                 time
                 (
                 having
                 their
                 original
                 from
                 thence
                 )
                 meerly
                 at
                 the
                 pleasure
                 of
                 the
                 Lord.
                 Cujacius
                 3
                 speaking
                 of
                 this
                 kind
                 of
                 land
                 ,
                 calleth
                 it
                 
                   proprium
                   feudum
                
                 ,
                 that
                 is
                 to
                 say
                 ,
                 such
                 land
                 as
                 was
                 properly
                 assigned
                 for
                 Feodal
                 lands
                 .
                 
                   Proprium
                   feudum
                   est
                
                 (
                 saith
                 he
                 )
                 
                   extra
                   curtem
                   ,
                   &
                   consistit
                   in
                   praediis
                   .
                
                 As
                 if
                 he
                 should
                 say
                 ,
                 That
                 land
                 properly
                 is
                 a
                 Feud
                 or
                 Feudal
                 land
                 ,
                 which
                 lyeth
                 without
                 the
                 Demains
                 of
                 the
                 Mannour
                 ,
                 and
                 consisteth
                 in
                 land
                 not
                 in
                 houses
                 .
                 We
                 now
                 call
                 this
                 Outland
                 the
                 
                   Tenants
                   land
                
                 or
                 the
                 Tenancy
                 ,
                 and
                 so
                 it
                 is
                 translated
                 out
                 of
                 
                   Biritrick's
                   will
                
                 in
                 the
                 Saxon
                 tongue
                 4
                 .
              
               
                 This
                 Outland
                 they
                 subdivided
                 into
                 two
                 parts
                 ;
                 whereof
                 one
                 part
                 they
                 disposed
                 among
                 such
                 as
                 attended
                 on
                 their
                 persons
                 either
                 in
                 war
                 or
                 peace
                 ,
                 (
                 called
                 Theodens
                 or
                 lesser
                 Thanes
                 )
                 after
                 the
                 manner
                 of
                 Knights
                 Fees
                 ;
                 but
                 much
                 differing
                 from
                 them
                 of
                 our
                 time
                 ,
                 as
                 by
                 that
                 which
                 followeth
                 shall
                 appear
                 .
                 The
                 other
                 part
                 they
                 allotted
                 to
                 their
                 Husbandmen
                 ,
                 whom
                 they
                 termed
                 Ceorls
                 (
                 that
                 is
                 Carles
                 or
                 
                   Churles
                   .
                
                 )
                 And
                 of
                 them
                 we
                 shall
                 speak
                 farther
                 by
                 and
                 by
                 ,
                 when
                 we
                 consider
                 all
                 the
                 degrees
                 aforesaid
                 ;
                 beginning
                 with
                 the
                 Earl.
                 
              
            
             
               
               
                 CHAP.
                 VI.
                 
              
               
                 Of
                 Earls
                 among
                 our
                 Saxons
                 .
              
               
                 
                 AN
                 Earl
                 ,
                 in
                 the
                 signification
                 of
                 Comes
                 ,
                 was
                 not
                 originally
                 a
                 degree
                 of
                 dignity
                 ,
                 as
                 it
                 is
                 with
                 us
                 at
                 this
                 day
                 ;
                 but
                 of
                 Office
                 and
                 Judicature
                 in
                 some
                 City
                 or
                 portion
                 of
                 the
                 Country
                 ,
                 circumscribed
                 anciently
                 with
                 the
                 bounds
                 of
                 the
                 Bishoprick
                 of
                 that
                 Diocess
                 ;
                 for
                 that
                 the
                 Bishop
                 and
                 the
                 Earl
                 then
                 sat
                 together
                 in
                 one
                 Court
                 ,
                 and
                 heard
                 jointly
                 the
                 causes
                 of
                 Church
                 and
                 Common-wealth
                 ,
                 as
                 they
                 yet
                 do
                 in
                 Parliament
                 .
                 But
                 in
                 process
                 of
                 time
                 the
                 Earl
                 grew
                 to
                 have
                 the
                 government
                 commonly
                 of
                 the
                 chief
                 City
                 and
                 Castle
                 of
                 his
                 Territory
                 ,
                 and
                 withal
                 a
                 third
                 part
                 of
                 the
                 King's
                 profits
                 arising
                 by
                 the
                 Courts
                 of
                 Justice
                 (
                 Fines
                 ,
                 Forfeitures
                 ,
                 Escheats
                 ,
                 &c.
                 )
                 annexed
                 to
                 the
                 office
                 of
                 his
                 Earldom
                 .
                 Yet
                 all
                 this
                 not
                 otherwise
                 than
                 at
                 the
                 pleasure
                 of
                 the
                 King
                 ;
                 which
                 commonly
                 was
                 upon
                 good
                 behaviour
                 ,
                 and
                 but
                 during
                 life
                 at
                 most
                 .
                 This
                 is
                 apparent
                 by
                 the
                 severe
                 injunction
                 of
                 King
                 Alfred
                 the
                 Great
                 (
                 labouring
                 1
                 to
                 plant
                 literature
                 and
                 knowledge
                 amongst
                 the
                 ignorant
                 Earls
                 and
                 Sheriffs
                 of
                 his
                 Kingdom
                 )
                 imposed
                 upon
                 them
                 ,
                 That
                 they
                 should
                 forthwith
                 in
                 all
                 diligence
                 apply
                 themselves
                 to
                 the
                 study
                 of
                 wisdom
                 and
                 knowledge
                 ,
                 or
                 else
                 forgoe
                 their
                 Office.
                 Herewith
                 (
                 saith
                 
                   Asser
                   Menevensis
                
                 who
                 lived
                 at
                 that
                 time
                 and
                 was
                 great
                 with
                 the
                 King
                 )
                 the
                 Earls
                 and
                 Sheriffs
                 were
                 so
                 affrighted
                 that
                 they
                 rather
                 choose
                 
                   insuetam
                   disciplinam
                   quam
                   laboriose
                   discere
                   ,
                   quam
                   potestatum
                   ministeria
                   dimittere
                   ,
                
                 that
                 is
                 ,
                 To
                 go
                 at
                 last
                 to
                 the
                 School
                 of
                 knowledge
                 ,
                 how
                 painful
                 soever
                 ,
                 rather
                 than
                 to
                 lose
                 their
                 offices
                 of
                 Authority
                 ,
                 and
                 degrees
                 of
                 Honour
                 ;
                 which
                 Alfred
                 there
                 also
                 declareth
                 ,
                 that
                 they
                 had
                 not
                 by
                 Inheritance
                 ,
                 but
                 by
                 God's
                 gift
                 and
                 his
                 ;
                 Dei
                 (
                 saith
                 he
                 2
                 )
                 
                   dono
                   &
                   meo
                   ,
                   sapientium
                   ministeria
                   &
                   gradus
                   usurpatis
                   .
                
                 This
                 is
                 manifest
                 by
                 divers
                 other
                 authorities
                 and
                 examples
                 in
                 my
                 Glossary
                 
                   (
                   in
                   verbo
                   Comes
                
                 )
                 as
                 the
                 Reader
                 ,
                 if
                 he
                 please
                 ,
                 may
                 there
                 see
                 .
              
               
                 
                 Some
                 conjecture
                 ,
                 that
                 Deira
                 and
                 Bernicia
                 in
                 Northumberland
                 ,
                 and
                 Mercia
                 in
                 the
                 midst
                 of
                 England
                 ,
                 were
                 Feudal
                 and
                 hereditary
                 Earldoms
                 in
                 the
                 Saxon
                 times
                 .
                 Those
                 of
                 Northumberland
                 presently
                 after
                 their
                 first
                 arrival
                 under
                 Hengistus
                 ,
                 about
                 the
                 year
                 447.
                 that
                 of
                 Mercia
                 by
                 the
                 gift
                 of
                 Alfred
                 the
                 Great
                 (
                 about
                 the
                 year
                 900.
                 )
                 to
                 Ethelredus
                 ,
                 a
                 man
                 of
                 power
                 ,
                 in
                 way
                 of
                 marriage
                 with
                 his
                 daughter
                 Ethelfleda
                 :
                 but
                 for
                 ought
                 I
                 see
                 it
                 is
                 neither
                 proved
                 by
                 the
                 succession
                 of
                 those
                 Earldoms
                 ,
                 nor
                 our
                 Authors
                 of
                 Antiquity
                 .
                 For
                 my
                 own
                 part
                 ,
                 I
                 think
                 it
                 not
                 strange
                 ,
                 that
                 there
                 was
                 not
                 at
                 the
                 entry
                 of
                 the
                 Saxons
                 a
                 Feudal
                 and
                 
                   Hereditary
                   Earldom
                
                 in
                 all
                 Christendom
                 .
                 As
                 for
                 this
                 our
                 Britain
                 ,
                 the
                 misery
                 of
                 it
                 then
                 was
                 such
                 ,
                 as
                 it
                 rather
                 seemed
                 an
                 Anarchy
                 and
                 Chaos
                 ,
                 than
                 in
                 any
                 form
                 of
                 Government
                 .
                 Little
                 better
                 even
                 in
                 Alfred's
                 days
                 ,
                 through
                 the
                 fury
                 of
                 the
                 Danes
                 ;
                 tho'
                 he
                 at
                 last
                 subdued
                 them
                 for
                 his
                 time
                 .
                 How
                 soever
                 three
                 or
                 four
                 examples
                 in
                 five
                 hundred
                 years
                 before
                 the
                 Conquest
                 differing
                 from
                 the
                 common
                 use
                 ,
                 is
                 no
                 inference
                 to
                 overthrow
                 it
                 ,
                 especially
                 in
                 times
                 unsettled
                 and
                 tumultuous
                 .
                 The
                 noble
                 Earldom
                 of
                 Arundel
                 in
                 our
                 days
                 of
                 peace
                 ,
                 differeth
                 in
                 constitution
                 from
                 all
                 the
                 other
                 Earldoms
                 of
                 England
                 ;
                 yet
                 that
                 impeacheth
                 not
                 their
                 common
                 manner
                 of
                 succession
                 .
              
               
                 
                 Loyseau
                 3
                 and
                 Pasquier
                 ,
                 learned
                 Frenchmen
                 ,
                 speaking
                 of
                 the
                 Dukes
                 and
                 Earls
                 of
                 France
                 ,
                 which
                 England
                 ordinarily
                 followeth
                 (
                 and
                 sometimes
                 too
                 near
                 the
                 heels
                 )
                 justifie
                 at
                 large
                 what
                 I
                 have
                 said
                 ;
                 shewing
                 the
                 Dukes
                 and
                 
                 Earls
                 in
                 the
                 Roman
                 Empire
                 (
                 from
                 whose
                 example
                 others
                 every
                 where
                 were
                 derived
                 )
                 were
                 like
                 the
                 Proconsuls
                 and
                 Presidents
                 of
                 Provinces
                 ,
                 simple
                 Officers
                 ,
                 who
                 for
                 their
                 entertainment
                 had
                 nothing
                 else
                 but
                 certain
                 rights
                 and
                 customs
                 raised
                 from
                 the
                 people
                 (
                 which
                 we
                 in
                 England
                 called
                 
                   Tertium
                   denarium
                   .
                
                 )
                 And
                 that
                 the
                 Dukes
                 and
                 Earls
                 of
                 France
                 were
                 Officers
                 in
                 like
                 manner
                 ,
                 but
                 had
                 the
                 Seigneurie
                 of
                 their
                 territory
                 annexed
                 to
                 their
                 Office
                 :
                 so
                 that
                 they
                 were
                 Officers
                 and
                 Vassals
                 both
                 at
                 once
                 ,
                 (
                 that
                 is
                 to
                 say
                 )
                 Officers
                 by
                 way
                 of
                 Judicature
                 ,
                 and
                 Vassals
                 (
                 whom
                 we
                 call
                 
                   Feodal
                   tenants
                
                 )
                 for
                 their
                 Seignories
                 of
                 Dukedoms
                 and
                 Earldoms
                 .
                 But
                 (
                 say
                 they
                 )
                 
                   tenue
                   neant
                   moiens
                   en
                   fief
                   a
                   vie
                   ,
                
                 &c.
                 holden
                 notwithstanding
                 as
                 a
                 fief
                 for
                 life
                 ,
                 not
                 hereditary
                 nor
                 patrimonial
                 in
                 the
                 beginning
                 ,
                 as
                 afterward
                 they
                 were
                 .
                 This
                 change
                 they
                 assign
                 to
                 have
                 been
                 begun
                 about
                 the
                 end
                 of
                 the
                 first
                 line
                 of
                 their
                 Kings
                 ;
                 who
                 being
                 at
                 that
                 time
                 weak
                 and
                 simple
                 men
                 ,
                 the
                 Dukes
                 and
                 Earls
                 took
                 opportunity
                 to
                 make
                 their
                 Estates
                 hereditary
                 .
                 But
                 it
                 continued
                 not
                 long
                 ;
                 for
                 the
                 first
                 Kings
                 of
                 the
                 second
                 line
                 reduced
                 them
                 presently
                 to
                 conformity
                 .
                 Yet
                 some
                 there
                 were
                 in
                 the
                 remote
                 Provinces
                 ,
                 that
                 maintain'd
                 themselves
                 hereditary
                 in
                 despight
                 of
                 the
                 Kings
                 ,
                 whereupon
                 ensued
                 many
                 wars
                 .
                 Thus
                 far
                 both
                 these
                 Authors
                 do
                 concur
                 ,
                 and
                 then
                 Loyseau
                 addeth
                 further
                 ,
                 That
                 at
                 the
                 end
                 of
                 the
                 second
                 line
                 ,
                 
                   Hugh
                   Capet
                
                 having
                 made
                 himself
                 King
                 of
                 France
                 ,
                 permitted
                 all
                 to
                 hold
                 their
                 Dukedoms
                 ,
                 Earldoms
                 ,
                 and
                 Seigneuries
                 hereditarily
                 ;
                 and
                 taking
                 homage
                 of
                 them
                 as
                 of
                 hereditary
                 Fiefs
                 ,
                 each
                 party
                 obliged
                 themselves
                 to
                 support
                 the
                 other
                 and
                 their
                 posterity
                 in
                 those
                 dignities
                 as
                 hereditarily
                 .
                 This
                 happened
                 in
                 France
                 a
                 little
                 before
                 the
                 Conquest
                 of
                 England
                 ,
                 and
                 from
                 this
                 precedent
                 of
                 
                   Hugh
                   Capet's
                
                 did
                 our
                 William
                 the
                 Conquerour
                 make
                 the
                 Earldoms
                 and
                 Feuds
                 in
                 England
                 first
                 hereditary
                 ,
                 as
                 we
                 have
                 already
                 shewed
                 in
                 the
                 second
                 Chapter
                 .
                 So
                 that
                 I
                 conclude
                 (
                 as
                 I
                 assumed
                 in
                 the
                 beginning
                 )
                 that
                 the
                 
                   Saxon
                   Earldoms
                
                 were
                 not
                 hereditary
                 ,
                 nor
                 otherwise
                 Feodal
                 (
                 if
                 we
                 shall
                 so
                 term
                 them
                 )
                 than
                 for
                 life
                 ,
                 whereon
                 neither
                 Wardship
                 ,
                 nor
                 Marriage
                 ,
                 &c.
                 could
                 depend
                 .
                 Yet
                 I
                 confess
                 that
                 the
                 Dukes
                 and
                 Earls
                 of
                 the
                 Saxon
                 times
                 both
                 had
                 and
                 might
                 have
                 great
                 possessions
                 in
                 other
                 lands
                 as
                 patrimonial
                 and
                 hereditary
                 ,
                 namely
                 their
                 Thaneland
                 :
                 and
                 in
                 what
                 condition
                 they
                 possessed
                 them
                 ,
                 it
                 shall
                 appear
                 anon
                 ,
                 when
                 we
                 come
                 to
                 speak
                 more
                 at
                 large
                 of
                 Thanes
                 and
                 Thane-lands
                 .
              
            
             
               
                 CHAP.
                 VII
                 .
              
               
                 Of
                 Ceorls
                 ;
                 and
                 that
                 they
                 were
                 ordinarily
                 but
                 as
                 Tenants
                 at
                 will
                 ,
                 or
                 having
                 lands
                 held
                 not
                 by
                 Knight-service
                 .
              
               
                 
                 THe
                 division
                 before
                 mentioned
                 ,
                 which
                 the
                 Saxons
                 made
                 of
                 their
                 own
                 degrees
                 ,
                 leadeth
                 me
                 in
                 this
                 next
                 place
                 (
                 tho'
                 not
                 orderly
                 )
                 to
                 speak
                 of
                 the
                 Ceorle
                 (
                 that
                 is
                 of
                 the
                 Carle
                 or
                 Churle
                 )
                 and
                 Husbandman
                 .
                 The
                 Ancients
                 called
                 him
                 in
                 Latin
                 Villanus
                 ,
                 not
                 as
                 we
                 ordinarily
                 take
                 it
                 for
                 a
                 Bondman
                 ,
                 but
                 for
                 him
                 that
                 dwelling
                 in
                 a
                 Village
                 or
                 Country
                 Town
                 ,
                 lived
                 by
                 the
                 Country
                 course
                 of
                 Husbandry
                 .
                 Mr.
                 Lambard
                 therefore
                 (
                 to
                 decline
                 the
                 misconceiving
                 of
                 the
                 word
                 Villanus
                 )
                 doth
                 render
                 it
                 in
                 the
                 Saxon
                 laws
                 by
                 Paganus
                 ,
                 which
                 signifieth
                 the
                 same
                 that
                 Villanus
                 doth
                 ,
                 according
                 to
                 the
                 French
                 for
                 a
                 Villager
                 ,
                 but
                 not
                 according
                 to
                 our
                 English
                 for
                 a
                 Bondman
                 .
                 Our
                 Saxons
                 otherwhile
                 did
                 term
                 them
                 ,
                 like
                 the
                 Dutchmen
                 ,
                 Boors
                 ,
                 that
                 is
                 ,
                 such
                 as
                 live
                 by
                 tilth
                 or
                 grasing
                 ,
                 and
                 by
                 works
                 of
                 husbandry
                 .
                 Such
                 were
                 the
                 Ceorls
                 among
                 the
                 Saxons
                 ;
                 but
                 of
                 two
                 sorts
                 ,
                 one
                 that
                 hired
                 the
                 Lord's
                 Outland
                 or
                 
                   Tenementary
                   land
                
                 (
                 called
                 also
                 the
                 Folcland
                 )
                 like
                 our
                 Farmers
                 :
                 the
                 other
                 that
                 tilled
                 and
                 manured
                 his
                 Inland
                 or
                 Demeans
                 ,
                 (
                 yielding
                 operam
                 not
                 censum
                 ,
                 work
                 and
                 not
                 rent
                 )
                 and
                 were
                 thereupon
                 called
                 
                 his
                 Socmen
                 or
                 Ploughmen
                 .
                 These
                 ,
                 no
                 doubt
                 ,
                 were
                 oftentimes
                 his
                 very
                 Bondmen
                 ;
                 I
                 therefore
                 shall
                 not
                 meddle
                 with
                 them
                 ,
                 but
                 will
                 hold
                 me
                 to
                 the
                 first
                 sort
                 ,
                 who
                 having
                 ordinarily
                 no
                 lands
                 of
                 their
                 own
                 ,
                 lived
                 upon
                 the
                 Outlands
                 before
                 mentioned
                 of
                 their
                 Lord
                 the
                 Thane
                 ,
                 as
                 custumary
                 Tenants
                 at
                 his
                 will
                 ,
                 (
                 after
                 the
                 usual
                 manner
                 of
                 that
                 time
                 )
                 rendring
                 unto
                 him
                 a
                 certain
                 portion
                 of
                 victuals
                 ,
                 and
                 things
                 necessary
                 for
                 Hospitality
                 .
                 This
                 rent
                 or
                 retribution
                 they
                 called
                 Feorme
                 ,
                 but
                 the
                 word
                 in
                 the
                 Saxon
                 signifieth
                 meat
                 or
                 victuals
                 ▪
                 and
                 tho'
                 we
                 have
                 ever
                 since
                 Henry
                 II's
                 time
                 ,
                 chang'd
                 this
                 reservation
                 of
                 victuals
                 into
                 money
                 ,
                 yet
                 in
                 letting
                 our
                 lands
                 ,
                 we
                 still
                 retain
                 the
                 name
                 of
                 Fearms
                 and
                 Fearmers
                 unto
                 this
                 day
                 .
                 The
                 quantity
                 of
                 the
                 Fearme
                 or
                 rent
                 for
                 every
                 plough-land
                 ,
                 seemeth
                 in
                 those
                 times
                 to
                 have
                 been
                 certain
                 in
                 every
                 Country
                 ,
                 according
                 to
                 the
                 nature
                 of
                 the
                 place
                 .
                 King
                 Ina
                 in
                 his
                 1
                 laws
                 did
                 make
                 it
                 so
                 through
                 all
                 the
                 territory
                 of
                 the
                 West-Saxons
                 ,
                 as
                 you
                 may
                 see
                 (
                 with
                 much
                 more
                 touching
                 this
                 matter
                 )
                 in
                 my
                 Glossary
                 ,
                 
                   verbo
                   Firma
                
                 .
              
               
                 
                 But
                 insomuch
                 as
                 the
                 chiefest
                 part
                 of
                 the
                 fruit
                 and
                 profits
                 of
                 the
                 lands
                 thus
                 manured
                 by
                 the
                 Ceorls
                 or
                 Husbandmen
                 ,
                 redounded
                 to
                 the
                 benefit
                 of
                 their
                 Lords
                 and
                 not
                 of
                 the
                 Ceorls
                 themselves
                 ;
                 the
                 Romans
                 counted
                 them
                 to
                 be
                 as
                 bondmen
                 and
                 not
                 
                   freemen
                   .
                   Caesar
                
                 therefore
                 speaking
                 of
                 them
                 while
                 they
                 were
                 yet
                 in
                 Germany
                 ,
                 2
                 saith
                 ,
                 
                   Plebs
                   pene
                   servorum
                   habebatur
                   loco
                
                 :
                 That
                 their
                 common
                 people
                 were
                 in
                 a
                 manner
                 bondmen
                 .
                 And
                 Tacitus
                 to
                 the
                 same
                 purpose
                 ,
                 3
                 
                   Caeteris
                   servis
                
                 (
                 meaning
                 these
                 Ceorls
                 or
                 Husbandmen
                 )
                 
                   non
                   in
                   nostrum
                   morem
                   descriptis
                   per
                   familiam
                   ministeriis
                   utuntur
                   ;
                   suam
                   quisque
                   sedem
                   ,
                   suos
                   penates
                   regit
                   .
                   Frumenti
                   modum
                   Dominus
                   aut
                   pecoris
                   aut
                   vestis
                   ,
                   ut
                   colono
                   ,
                   injungit
                   .
                   Et
                   servus
                   hactenus
                   paret
                   .
                
                 But
                 this
                 service
                 was
                 no
                 bondage
                 .
                 For
                 the
                 Ceorl
                 or
                 Husbandman
                 might
                 as
                 well
                 leave
                 this
                 land
                 at
                 his
                 will
                 ,
                 as
                 the
                 Lord
                 might
                 put
                 him
                 from
                 it
                 at
                 his
                 will
                 :
                 and
                 therefore
                 it
                 was
                 provided
                 by
                 the
                 laws
                 of
                 Ina
                 4
                 in
                 what
                 manner
                 he
                 should
                 leave
                 the
                 land
                 when
                 he
                 departed
                 from
                 it
                 to
                 another
                 place
                 .
                 And
                 the
                 Writ
                 of
                 Waste
                 in
                 Fitz-Herbert
                 5
                 seemeth
                 to
                 shew
                 that
                 they
                 might
                 depart
                 if
                 they
                 were
                 not
                 then
                 well
                 used
                 .
              
               
                 It
                 is
                 apparent
                 also
                 that
                 the
                 Ceorl
                 was
                 of
                 free
                 condition
                 ,
                 for
                 that
                 his
                 person
                 was
                 valued
                 as
                 a
                 member
                 of
                 the
                 Common-wealth
                 in
                 the
                 laws
                 of
                 Aethelstan
                 6
                 ,
                 and
                 his
                 least
                 valuation
                 is
                 there
                 reckoned
                 to
                 be
                 200s.
                 whereas
                 the
                 Bondman
                 was
                 not
                 valued
                 at
                 all
                 ,
                 for
                 that
                 he
                 was
                 not
                 (
                 as
                 I
                 said
                 )
                 any
                 part
                 of
                 the
                 Common-wealth
                 ,
                 but
                 of
                 his
                 Master's
                 substance
                 :
                 nor
                 was
                 he
                 capable
                 of
                 any
                 publick
                 office
                 .
                 But
                 the
                 Ceorl
                 (
                 tho'
                 he
                 had
                 no
                 land
                 )
                 might
                 rise
                 to
                 be
                 the
                 leader
                 of
                 his
                 Country-men
                 ,
                 and
                 to
                 use
                 the
                 armour
                 of
                 a
                 Thane
                 or
                 Knight
                 7
                 ,
                 viz.
                 an
                 Helmet
                 ,
                 an
                 Habergeon
                 ,
                 and
                 a
                 gilt
                 Sword.
                 And
                 if
                 his
                 wealth
                 so
                 increased
                 as
                 that
                 he
                 became
                 owner
                 of
                 five
                 hides
                 of
                 land
                 ,
                 the
                 valuation
                 of
                 his
                 person
                 (
                 which
                 they
                 call'd
                 his
                 Were
                 or
                 Weregild
                 )
                 was
                 increased
                 to
                 two
                 thousand
                 thrimsas
                 ,
                 that
                 is
                 six
                 thousand
                 shillings
                 ,
                 and
                 being
                 then
                 also
                 adorned
                 with
                 other
                 marks
                 of
                 dignity
                 ,
                 he
                 was
                 counted
                 for
                 a
                 Thane
                 ;
                 as
                 you
                 shall
                 see
                 in
                 the
                 next
                 Chapter
                 .
              
               
                 
                 But
                 (
                 for
                 all
                 this
                 )
                 a
                 Ceorl
                 or
                 Husbandman
                 (
                 tho'
                 he
                 were
                 a
                 Freeman
                 )
                 was
                 not
                 by
                 the
                 Feodal
                 law
                 of
                 that
                 and
                 later
                 times
                 ,
                 capable
                 of
                 a
                 Knights-fee
                 ,
                 or
                 land
                 holden
                 by
                 military
                 service
                 ;
                 and
                 therefore
                 what
                 land
                 soever
                 he
                 purchased
                 ,
                 was
                 to
                 be
                 intended
                 land
                 of
                 no
                 such
                 tenure
                 .
                 And
                 it
                 appeareth
                 further
                 by
                 the
                 laws
                 of
                 Aethelstan
                 ,
                 that
                 the
                 five
                 hides
                 of
                 land
                 (
                 before
                 mentioned
                 )
                 purchased
                 by
                 the
                 Ceorl
                 ,
                 were
                 descendable
                 to
                 his
                 posterity
                 ;
                 which
                 sheweth
                 also
                 that
                 they
                 were
                 not
                 
                   feodal
                   land
                
                 ,
                 for
                 that
                 feuds
                 at
                 that
                 time
                 were
                 not
                 here
                 descendable
                 ,
                 as
                 we
                 have
                 often
                 declared
                 .
                 So
                 that
                 I
                 hope
                 I
                 may
                 conclude
                 ,
                 that
                 the
                 Ceorls
                 or
                 Husbandmen
                 among
                 the
                 Saxons
                 held
                 no
                 land
                 by
                 our
                 tenure
                 of
                 Knight-service
                 .
              
            
             
               
               
                 CHAP.
                 VIII
                 .
              
               
                 Of
                 Thanes
                 ,
                 and
                 their
                 several
                 kinds
                 .
              
               
                 SEeing
                 then
                 the
                 weight
                 of
                 the
                 question
                 will
                 rest
                 wholly
                 upon
                 the
                 Thanes
                 ,
                 we
                 must
                 consider
                 them
                 the
                 more
                 diligently
                 ,
                 first
                 in
                 the
                 quality
                 of
                 their
                 persons
                 ,
                 secondly
                 in
                 the
                 tenure
                 of
                 their
                 lands
                 .
              
               
                 
                 A
                 Thane
                 was
                 (
                 in
                 like
                 manner
                 as
                 the
                 Earl
                 )
                 not
                 properly
                 a
                 title
                 of
                 dignity
                 ,
                 but
                 of
                 service
                 :
                 so
                 called
                 in
                 the
                 Saxon
                 of
                 ●enian
                 servire
                 ,
                 and
                 in
                 Latin
                 
                   Minister
                   à
                   ministrando
                
                 .
                 But
                 as
                 there
                 be
                 many
                 degrees
                 of
                 service
                 ,
                 some
                 of
                 greater
                 estimation
                 and
                 some
                 of
                 less
                 ;
                 so
                 those
                 that
                 served
                 the
                 King
                 in
                 places
                 of
                 eminency
                 ,
                 either
                 in
                 Court
                 or
                 Common-wealth
                 ,
                 were
                 called
                 
                   Thani
                   majores
                
                 and
                 
                   Thani
                   Regis
                
                 ;
                 and
                 those
                 that
                 served
                 under
                 them
                 in
                 like
                 manner
                 as
                 under
                 Dukes
                 ,
                 Earls
                 ,
                 and
                 other
                 great
                 Officers
                 of
                 the
                 Kingdom
                 ,
                 and
                 also
                 under
                 Bishops
                 ,
                 Abbats
                 ,
                 and
                 the
                 greater
                 Prelates
                 of
                 the
                 Church
                 ,
                 were
                 called
                 
                   Thani
                   minores
                
                 ,
                 or
                 
                   the
                   lesser
                   Thanes
                
                 .
                 And
                 as
                 the
                 titles
                 of
                 honourable
                 office
                 and
                 service
                 in
                 Dukes
                 ,
                 Earls
                 ,
                 &c.
                 became
                 at
                 length
                 to
                 be
                 made
                 hereditary
                 ;
                 so
                 this
                 of
                 Thanes
                 ,
                 like
                 our
                 titles
                 of
                 Noblemen
                 and
                 Gentlemen
                 ,
                 descended
                 at
                 last
                 with
                 their
                 Fathers
                 land
                 upon
                 their
                 Children
                 and
                 posterity
                 .
                 And
                 continued
                 thus
                 till
                 after
                 the
                 Conquest
                 ,
                 as
                 appears
                 by
                 some
                 Writs
                 and
                 Charters
                 of
                 the
                 Conquerour
                 .
              
               
                 
                 Buchanan
                 1
                 describing
                 the
                 quality
                 of
                 their
                 persons
                 ,
                 calleth
                 them
                 ,
                 
                   Praefectos
                   regionum
                   sive
                   Nomarchas
                   &
                   Quaestores
                   rerum
                   capitalium
                   ,
                
                 Governours
                 of
                 places
                 ,
                 principal
                 Ministers
                 of
                 justice
                 ,
                 Chequer
                 men
                 ,
                 Sheriffs
                 ,
                 &c.
                 
                 But
                 we
                 will
                 take
                 them
                 as
                 the
                 Saxons
                 themselves
                 describe
                 them
                 in
                 the
                 place
                 before
                 mentioned
                 ,
                 where
                 it
                 thus
                 followeth
                 ,
                 gif
                 Ceorl
                 geðeah
                 ꝧ
                 he
                 hefde
                 fullice
                 fif
                 hyda
                 agenes
                 lande
                 ,
                 &c.
                 if
                 a
                 churl
                 or
                 husbandman
                 thrive
                 ,
                 so
                 that
                 he
                 had
                 fully
                 five
                 hydes
                 of
                 his
                 own
                 land
                 ,
                 a
                 Church
                 and
                 a
                 Kitchin
                 ,
                 a
                 Bell-house
                 ,
                 and
                 a
                 Gate-house
                 ,
                 a
                 seat
                 and
                 a
                 several
                 office
                 in
                 the
                 King's
                 Hall
                 ;
                 then
                 he
                 was
                 from
                 thenceforth
                 worthy
                 of
                 the
                 rights
                 of
                 a
                 Thane
                 :
                 meaning
                 (
                 as
                 I
                 understand
                 it
                 )
                 he
                 was
                 then
                 one
                 of
                 the
                 
                   greater
                   Thanes
                
                 or
                 
                   King's
                   Thanes
                
                 .
                 For
                 the
                 lesser
                 Thane
                 is
                 by
                 and
                 by
                 described
                 also
                 in
                 that
                 which
                 followeth
                 ,
                 viz.
                 And
                 gif
                 ðegen
                 geðeah
                 ,
                 &c.
                 
                 And
                 if
                 a
                 Thane
                 himself
                 so
                 prospered
                 that
                 he
                 served
                 the
                 King
                 ,
                 and
                 ridd
                 upon
                 his
                 message
                 as
                 others
                 of
                 his
                 Court
                 ,
                 and
                 then
                 had
                 a
                 
                   Thane
                   (
                   i.
                   e.
                
                 an
                 under
                 or
                 
                   lesser
                   Thane
                
                 )
                 that
                 followed
                 him
                 ,
                 which
                 had
                 five
                 hydes
                 (
                 or
                 plough-land
                 )
                 chargeable
                 to
                 the
                 King's
                 expedition
                 ,
                 and
                 served
                 his
                 Lord
                 in
                 the
                 King's
                 Court
                 ,
                 and
                 had
                 gone
                 thrice
                 upon
                 his
                 errand
                 to
                 the
                 King
                 :
                 he
                 (
                 this
                 under-Thane
                 )
                 might
                 take
                 an
                 oath
                 instead
                 of
                 his
                 Lord
                 ,
                 and
                 at
                 any
                 great
                 need
                 supply
                 the
                 place
                 of
                 his
                 Lord.
                 And
                 if
                 a
                 Thane
                 did
                 so
                 thrive
                 as
                 he
                 became
                 an
                 Earl
                 ,
                 he
                 had
                 the
                 rights
                 of
                 an
                 Earl.
                 And
                 a
                 Merchant
                 might
                 become
                 a
                 Thane
                 ,
                 &c.
                 
              
               
                 Mr.
                 Lambard
                 2
                 conceiveth
                 this
                 place
                 to
                 discover
                 but
                 three
                 degrees
                 among
                 the
                 Saxons
                 ,
                 viz.
                 
                   Earls
                   ,
                   Thanes
                
                 and
                 Ceorls
                 ,
                 not
                 admitting
                 the
                 under-Thane
                 to
                 be
                 a
                 several
                 degree
                 .
                 The
                 words
                 seem
                 otherwise
                 ,
                 and
                 the
                 Saxon
                 division
                 before
                 recited
                 maketh
                 four
                 degrees
                 ,
                 
                   Earl
                   ,
                   Ceorl
                   ,
                   Thegn
                
                 and
                 Theoden
                 or
                 
                   under
                   Thane
                
                 .
                 Some
                 therefore
                 distinguish
                 Thanes
                 into
                 majores
                 and
                 minores
                 ,
                 some
                 into
                 
                   majores
                   ,
                   minores
                
                 (
                 otherwise
                 called
                 mediocres
                 )
                 and
                 minimi
                 ,
                 whom
                 Canutus
                 in
                 his
                 Forest-laws
                 calleth
                 Minuti
                 and
                 Tinemen
                 .
                 I
                 dare
                 not
                 venture
                 to
                 define
                 them
                 particularly
                 ,
                 but
                 will
                 rest
                 upon
                 the
                 Saxon
                 division
                 first
                 mentioned
                 ,
                 which
                 I
                 find
                 to
                 be
                 pursued
                 by
                 Norman
                 terms
                 in
                 the
                 laws
                 of
                 
                   Edw.
                   Confess
                
                 .
                 and
                 
                   William
                   Conq.
                
                 delivered
                 by
                 Ingulfus
                 ,
                 viz.
                 
                   Count
                   ,
                   Baron
                   ,
                   Valvasor
                
                 ,
                 and
                 Villain
                 .
                 Where
                 
                 he
                 placeth
                 Count
                 instead
                 of
                 
                   Earl
                   ,
                   Baron
                
                 instead
                 of
                 
                   Kings-Thane
                   ,
                   Valvasor
                
                 instead
                 of
                 Theoden
                 or
                 
                   lesser
                   Thane
                
                 ,
                 and
                 lastly
                 Villain
                 instead
                 of
                 Churl
                 .
                 As
                 though
                 the
                 division
                 both
                 of
                 the
                 Saxon
                 and
                 Norman
                 times
                 did
                 hold
                 analogy
                 one
                 with
                 the
                 other
                 ,
                 and
                 both
                 of
                 them
                 with
                 ours
                 at
                 this
                 day
                 ,
                 viz.
                 of
                 Earls
                 and
                 Barons
                 of
                 the
                 Kingdom
                 ,
                 including
                 the
                 
                   greater
                   Nobility
                   ,
                   Barons
                
                 of
                 Towns
                 and
                 Mannours
                 (
                 including
                 the
                 
                   lesser
                   Nobility
                   or
                   Gentry
                
                 )
                 and
                 that
                 of
                 our
                 Yeomen
                 including
                 the
                 Husbandmen
                 .
              
               
                 To
                 return
                 to
                 the
                 Thanes
                 .
                 This
                 Saxon
                 passage
                 hath
                 
                   per
                   transennam
                
                 shew'd
                 unto
                 us
                 ,
                 not
                 only
                 the
                 quality
                 of
                 their
                 person
                 ,
                 but
                 the
                 nature
                 of
                 their
                 land
                 ,
                 whereupon
                 all
                 our
                 Question
                 doth
                 depend
                 .
                 And
                 true
                 it
                 is
                 ,
                 it
                 sheweth
                 that
                 both
                 they
                 and
                 it
                 were
                 subject
                 to
                 military
                 service
                 ,
                 call'd
                 in
                 Latin
                 Expeditio
                 ,
                 in
                 Saxon
                 utfare
                 and
                 ferdgung
                 ,
                 and
                 in
                 foreign
                 Nations
                 Heribannum
                 ,
                 that
                 is
                 
                   the
                   calling
                   forth
                   of
                   an
                   Army
                   .
                
                 And
                 it
                 appeareth
                 by
                 an
                 ancient
                 MS.
                 of
                 Saxon
                 Laws
                 in
                 the
                 Kings
                 Library
                 ,
                 that
                 the
                 Thanes
                 were
                 not
                 only
                 tyed
                 to
                 this
                 ,
                 but
                 to
                 many
                 other
                 services
                 to
                 be
                 done
                 unto
                 the
                 King
                 ,
                 and
                 that
                 in
                 respect
                 of
                 their
                 land
                 ,
                 which
                 notwithstanding
                 bred
                 no
                 
                   Tenure
                   in
                   Capite
                
                 or
                 by
                 Knights-service
                 .
                 The
                 words
                 be
                 these
                 ,
                 1
                 
                   Tbani
                   lex
                   est
                   ,
                   ut
                   sit
                   dignus
                   rectitudine
                   testamenti
                   sui
                   ,
                   &
                   ut
                   tria
                   faciat
                   pro
                   terra
                   sua
                   ,
                
                 Expeditionem
                 ,
                 Burghbotam
                 &
                 Brugbotam
                 ,
                 &
                 
                   de
                   multis
                   terris
                   majus
                
                 Landirectum
                 .
                 
                   Exurgit
                   ad
                   Bannum
                   Regis
                   ,
                   sicut
                   est
                
                 Deorhege
                 ,
                 
                   ad
                   mansionem
                   regiam
                
                 ,
                 &
                 Sceorpum
                 
                   in
                   hosticum
                   ,
                   &
                   custodiam
                   maris
                   ,
                   &
                   capitis
                   ,
                   &
                   pacis
                   ,
                
                 &
                 Elmesfeoh
                 ,
                 &
                 Ciricsetum
                 ,
                 i.
                 e.
                 
                   pecunia
                   Eleemosynae
                
                 ,
                 &
                 Ciricsceatum
                 ,
                 &
                 
                   aliae
                   res
                
                 .
                 Thus
                 in
                 English
                 .
                 The
                 Law
                 touching
                 a
                 Thane
                 is
                 ;
                 That
                 he
                 have
                 power
                 to
                 make
                 a
                 will
                 ,
                 and
                 that
                 in
                 respect
                 of
                 his
                 land
                 he
                 shall
                 do
                 three
                 things
                 ,
                 viz.
                 
                   Military
                   Expedition
                   ,
                   Repairing
                   of
                   Castles
                   ,
                
                 and
                 
                   mending
                   of
                   Bridges
                
                 ,
                 and
                 for
                 more
                 lands
                 to
                 do
                 more
                 Land-duties
                 .
                 To
                 go
                 forth
                 upon
                 the
                 King's
                 summons
                 to
                 the
                 enclosing
                 of
                 his
                 Park
                 and
                 Mansion-house
                 ,
                 and
                 to
                 *
                 .....
                 into
                 the
                 enemies
                 Lands
                 ,
                 and
                 to
                 defend
                 the
                 Sea
                 ,
                 his
                 own
                 head
                 ,
                 and
                 the
                 peace
                 ,
                 to
                 pay
                 
                   Alms-monies
                   ,
                   Church-seeds
                   ,
                   Church-shots
                
                 ,
                 and
                 other
                 things
                 .
              
               
                 What
                 is
                 there
                 in
                 all
                 this
                 to
                 shew
                 either
                 a
                 
                   Tenure
                   in
                   capite
                
                 or
                 by
                 Knight-service
                 ?
                 It
                 will
                 be
                 said
                 that
                 the
                 
                   Military
                   Expediton
                
                 ,
                 and
                 
                   Warding
                   of
                   the
                   Sea
                
                 against
                 enemies
                 ,
                 imply
                 a
                 tenure
                 by
                 Knight-service
                 ,
                 and
                 that
                 those
                 and
                 the
                 other
                 services
                 being
                 to
                 be
                 performed
                 to
                 the
                 King
                 ,
                 (
                 and
                 upon
                 the
                 King's
                 summons
                 )
                 shew
                 a
                 
                   Tenure
                   in
                   capite
                
                 .
                 And
                 no
                 doubt
                 ,
                 so
                 would
                 it
                 be
                 for
                 lands
                 given
                 in
                 this
                 manner
                 by
                 the
                 King
                 since
                 the
                 Conquest
                 .
                 But
                 I
                 conceive
                 that
                 none
                 of
                 all
                 this
                 riseth
                 out
                 of
                 any
                 Tenure
                 ,
                 or
                 
                   Feodal
                   reservation
                
                 made
                 by
                 the
                 Saxon
                 Kings
                 in
                 granting
                 these
                 lands
                 ,
                 or
                 by
                 any
                 particular
                 contract
                 agreed
                 of
                 by
                 the
                 Thane
                 or
                 Subject
                 in
                 accepting
                 them
                 ,
                 but
                 out
                 of
                 a
                 fundamental
                 law
                 or
                 custom
                 of
                 the
                 Kingdom
                 ,
                 (
                 as
                 ancient
                 as
                 the
                 Kingdom
                 it self
                 )
                 whereby
                 all
                 the
                 land
                 of
                 the
                 whole
                 Kingdom
                 was
                 oblig'd
                 to
                 this
                 
                   Trinodae
                   necessitati
                
                 ,
                 of
                 military
                 
                 Expedition
                 ,
                 and
                 building
                 or
                 repairing
                 of
                 Castles
                 and
                 Bridges
                 ;
                 so
                 that
                 if
                 this
                 made
                 a
                 tenure
                 by
                 Knight-service
                 
                   in
                   Capite
                
                 in
                 the
                 
                   Thane
                   Lands
                
                 ,
                 then
                 must
                 it
                 follow
                 also
                 ,
                 that
                 all
                 the
                 land
                 of
                 the
                 Kingdom
                 was
                 likewise
                 holden
                 by
                 
                   Knights-service
                   in
                   capite
                
                 :
                 for
                 it
                 was
                 wholly
                 tyed
                 to
                 those
                 three
                 services
                 ,
                 as
                 appeareth
                 in
                 the
                 Council
                 of
                 Eanham
                 ,
                 (
                 Cap.
                 22.
                 23
                 2
                 .
                 )
                 where
                 they
                 are
                 commanded
                 to
                 be
                 yearly
                 done
                 .
                 And
                 by
                 the
                 laws
                 of
                 Canutus
                 (
                 Cap.
                 10.
                 62.
                 
                 )
                 where
                 they
                 are
                 appointed
                 to
                 be
                 done
                 as
                 necessity
                 requireth
                 .
                 And
                 also
                 by
                 the
                 law
                 of
                 King
                 Ethelred
                 ,
                 who
                 about
                 the
                 thirtieth
                 year
                 of
                 his
                 reign
                 ,
                 ordain'd
                 ,
                 that
                 every
                 3
                 eight
                 hides
                 or
                 plough-land
                 through
                 the
                 whole
                 Kingdom
                 ,
                 shall
                 find
                 a
                 man
                 with
                 a
                 Crosset
                 and
                 Helmet
                 to
                 the
                 
                   Naval
                   Expedition
                
                 .
                 And
                 every
                 three
                 hundred
                 and
                 ten
                 plough-lands
                 ,
                 an
                 ordinary
                 ship
                 .
                 For
                 these
                 purposes
                 ,
                 
                 was
                 the
                 whole
                 Land
                 formerly
                 divided
                 ,
                 either
                 by
                 Alfred
                 the
                 great
                 or
                 some
                 other
                 precedent
                 King
                 ,
                 into
                 243600.
                 hydes
                 or
                 plough-lands
                 ,
                 and
                 according
                 to
                 this
                 division
                 were
                 the
                 military
                 and
                 other
                 charges
                 of
                 the
                 Kingdom
                 impos'd
                 
                 and
                 proportion'd
                 ,
                 without
                 ever
                 any
                 mention
                 of
                 
                   Tenures
                   in
                   ●●●ite
                
                 or
                 by
                 Knight-service
                 .
                 Hence
                 it
                 rose
                 that
                 the
                 Saxon
                 Kings
                 in
                 granting
                 o●
                 lands
                 ,
                 liberties
                 ,
                 and
                 priviledges
                 unto
                 Ecclesiastical
                 persons
                 and
                 others
                 ,
                 were
                 usually
                 so
                 careful
                 in
                 reserving
                 
                   Expedition
                   ,
                   Burghbote
                
                 and
                 Brigbote
                 ,
                 as
                 you
                 may
                 see
                 in
                 the
                 Charters
                 of
                 King
                 Withred
                 1
                 ,
                 Ina
                 2
                 ,
                 Aethelbald
                 3
                 ,
                 Aethelwulph
                 4
                 ,
                 Edgar
                 5
                 ,
                 &c.
                 in
                 the
                 Britain
                 Councils
                 ,
                 as
                 also
                 in
                 the
                 Charters
                 here
                 following
                 ,
                 and
                 in
                 a
                 multitude
                 of
                 others
                 elsewhere
                 besides
                 .
                 Neither
                 did
                 this
                 Military
                 Expedition
                 otherwise
                 at
                 that
                 time
                 bind
                 the
                 Saxons
                 to
                 a
                 
                   Tenure
                   in
                   capite
                
                 or
                 Knight-service
                 ,
                 then
                 it
                 doth
                 us
                 at
                 this
                 day
                 in
                 the
                 
                   Naval
                   Expedition
                
                 lately
                 now
                 reviv'd
                 .
              
               
                 
                 For
                 better
                 manifestation
                 that
                 Thanelands
                 were
                 subject
                 to
                 no
                 feudal
                 service
                 ,
                 consider
                 ,
                 I
                 pray
                 you
                 ,
                 the
                 words
                 of
                 the
                 Saxon
                 passage
                 before
                 mention'd
                 ,
                 where
                 it
                 is
                 said
                 that
                 a
                 Thane
                 must
                 have
                 three
                 hydes
                 at
                 least
                 of
                 his
                 agenes
                 lande
                 ,
                 i.
                 e.
                 
                   of
                   his
                   own
                   land
                
                 ,
                 not
                 
                   terrae
                   emphiteuticariae
                
                 ,
                 or
                 precariae
                 ,
                 not
                 usu-fructuariae
                 ,
                 or
                 feodatariae
                 ,
                 but
                 as
                 a
                 Latin
                 copy
                 hath
                 it
                 
                   terrae
                   suae
                   propriae
                
                 ,
                 where
                 the
                 word
                 propriae
                 carrieth
                 another
                 sense
                 than
                 is
                 ordinarily
                 conceiv'd
                 ,
                 as
                 to
                 signifie
                 in
                 this
                 place
                 ,
                 land
                 wherein
                 no
                 other
                 man
                 hath
                 any
                 interest
                 by
                 feodal
                 superiority
                 or
                 dominion
                 ,
                 but
                 whereof
                 himself
                 hath
                 
                   meram
                   proprietatem
                
                 ,
                 the
                 sole
                 and
                 absolute
                 propriety
                 ;
                 even
                 the
                 same
                 Alodium
                 that
                 is
                 spoken
                 of
                 in
                 the
                 Report
                 6
                 ,
                 and
                 which
                 no
                 man
                 hath
                 or
                 can
                 have
                 now
                 at
                 this
                 day
                 ,
                 but
                 the
                 King's
                 land
                 holden
                 of
                 no
                 man
                 in
                 the
                 feodal
                 sense
                 ,
                 (
                 for
                 the
                 phrase
                 of
                 tenure
                 was
                 not
                 then
                 in
                 use
                 amongst
                 the
                 Saxons
                 )
                 nor
                 ty'd
                 any
                 man
                 to
                 do
                 any
                 
                   feodal
                   service
                
                 .
                 Another
                 old
                 Latin
                 MS.
                 therefore
                 reciteth
                 the
                 same
                 Saxon
                 passage
                 in
                 these
                 words
                 ,
                 
                   Si
                   villanus
                
                 (
                 so
                 they
                 at
                 that
                 time
                 call'd
                 a
                 Husbandman
                 )
                 
                   ita
                   crevisset
                   sua
                   probitate
                   ,
                   quod
                   pleniter
                   haberet
                   quinque
                   hidas
                   de
                   suo
                   proprio
                   alodio
                   ,
                   &c.
                   dignus
                   erat
                   honore
                   Liberalitatis
                   ,
                
                 quod
                 Angli
                 dicunt
                 Ðanescipes
                 surðe
                 :
                 
                   si
                   autem
                   liberalis
                   homo
                
                 ,
                 1.
                 
                 Ðegen
                 [
                 Thanus
                 ]
                 
                   ita
                   profecisset
                   ut
                   Regi
                   servisset
                   ,
                   &
                   vice
                   sua
                   equitaret
                   in
                   Missatico
                   Regis
                   ,
                   hic
                   talis
                   si
                   haberet
                   alium
                
                 [
                 Thanum
                 ]
                 
                   sub
                   se
                   ,
                   qui
                   ad
                   expeditionem
                   Regis
                   quinque
                   hidas
                   teneret
                   &
                   in
                   Aula
                   Regis
                   domino
                   suo
                   servisset
                   ,
                
                 &c.
                 
                 Here
                 I
                 must
                 say
                 with
                 Cujacius
                 7
                 ,
                 speaking
                 of
                 the
                 Author
                 of
                 the
                 second
                 Book
                 of
                 
                   Feuds
                   :
                   Proprietatem
                
                 [
                 alias
                 ]
                 
                   vocat
                   quod
                   hic
                
                 Alodium
                 :
                 Noting
                 thereby
                 that
                 Proprieta●
                 and
                 Alodium
                 are
                 synonima
                 ,
                 signifying
                 land
                 free
                 from
                 all
                 feodal
                 service
                 and
                 holden
                 of
                 no
                 body
                 .
                 Yet
                 in
                 that
                 sense
                 Alodium
                 is
                 here
                 said
                 to
                 be
                 
                   Terra
                   ad
                   expeditionem
                   Regis
                
                 ,
                 land
                 oblig'd
                 to
                 the
                 warfare
                 of
                 the
                 King.
                 
              
               
                 I
                 must
                 note
                 also
                 by
                 the
                 way
                 ,
                 that
                 he
                 that
                 thus
                 translated
                 the
                 Saxon
                 passage
                 by
                 the
                 words
                 ,
                 
                   qui
                   ad
                   expeditionem
                   Regis
                   quinque
                   hidas
                   teneret
                   ,
                
                 follow'd
                 the
                 manner
                 which
                 before
                 we
                 spake
                 of
                 ,
                 in
                 rendring
                 Saxon
                 customs
                 by
                 Norman
                 phrases
                 .
                 The
                 Reader
                 perhaps
                 will
                 here
                 understand
                 teneret
                 in
                 the
                 feodal
                 sense
                 ,
                 for
                 
                   to
                   hold
                   of
                   his
                   Lord
                
                 ,
                 whereas
                 in
                 the
                 Saxon
                 book
                 the
                 words
                 are
                 no
                 otherwise
                 than
                 gif
                 he
                 he●de
                 ,
                 
                   i.
                   e.
                
                 if
                 he
                 had
                 five
                 hydes
                 of
                 land
                 ,
                 so
                 that
                 teneret
                 here
                 is
                 no
                 otherwise
                 to
                 be
                 taken
                 than
                 for
                 possideret
                 .
              
               
                 To
                 return
                 to
                 our
                 purpose
                 .
                 Thaneland
                 might
                 no
                 doubt
                 be
                 tyed
                 to
                 do
                 
                   Military
                   service
                
                 or
                 Knight-service
                 ,
                 and
                 yet
                 not
                 holden
                 
                   in
                   capite
                
                 or
                 by
                 Knight-service
                 ;
                 for
                 it
                 is
                 one
                 thing
                 to
                 hold
                 by
                 Knight-service
                 ,
                 and
                 another
                 to
                 be
                 
                   tyed
                   to
                   do
                   it
                
                 .
                 No
                 man
                 holdeth
                 ,
                 that
                 hath
                 not
                 tenementum
                 or
                 
                   tenementale
                   quiddam
                
                 :
                 But
                 a
                 man
                 might
                 be
                 tyed
                 to
                 do
                 this
                 military
                 expedition
                 for
                 his
                 personal
                 estate
                 (
                 tho'
                 he
                 had
                 no
                 land
                 )
                 or
                 for
                 his
                 very
                 person
                 it self
                 ,
                 as
                 appeareth
                 by
                 the
                 laws
                 of
                 King
                 Ina
                 ,
                 Cap.
                 52.
                 where
                 it
                 is
                 said
                 gif
                 se
                 siðcundman
                 ,
                 &c.
                 
                 If
                 the
                 Sithcundman
                 having
                 land
                 forbeareth
                 to
                 go
                 the
                 Expedition
                 ,
                 he
                 shall
                 forfeit
                 his
                 land
                 and
                 120s.
                 and
                 if
                 he
                 have
                 no
                 land
                 yet
                 he
                 shall
                 forfeit
                 60s.
                 and
                 an
                 Husbandman
                 (
                 who
                 if
                 he
                 had
                 land
                 was
                 but
                 Tenant
                 in
                 Socage
                 according
                 to
                 our
                 Law
                 )
                 30s.
                 It
                 appeareth
                 also
                 by
                 many
                 Charters
                 of
                 the
                 Saxon
                 Kings
                 that
                 
                   Thane
                   lands
                
                 were
                 not
                 feodal
                 ,
                 and
                 that
                 the
                 
                   military
                   Expedition
                
                 mde
                 no
                 
                   Tenure
                   by
                   Knight-service
                
                 .
                 Give
                 me
                 leave
                 therefore
                 to
                 produce
                 some
                 of
                 them
                 ,
                 that
                 you
                 may
                 see
                 thereby
                 the
                 use
                 of
                 those
                 times
                 ,
                 and
                 what
                 the
                 Kings
                 themselves
                 conceiv'd
                 therein
                 .
              
            
             
               
               
                 CHAP.
                 IX
                 .
              
               
                 Charters
                 of
                 Thane-lands
                 granted
                 by
                 Saxon
                 Kings
                 ,
                 not
                 only
                 without
                 mention
                 of
                 Tenure
                 or
                 Feodal
                 service
                 ,
                 but
                 with
                 all
                 Immunity
                 ,
                 except
                 Expedition
                 ,
                 &c.
                 
              
               
                 
                 EGO
                 Eadwigh
                 Monarchiam
                 totius
                 Britanniae
                 Insulae
                 cum
                 superno
                 juvamine
                 obtinens
                 ,
                 cuidam
                 meo
                 fideli
                 Ministro
                 ,
                 vocitato
                 nomine
                 Aelfwine
                 ,
                 duas
                 mansas
                 &
                 dimidiam
                 tribuo
                 perenniter
                 illic
                 ubi
                 antiquorum
                 hominum
                 relatu
                 nominatur
                 
                   at
                   Schylfhinghatune
                
                 ,
                 habeat
                 quam
                 diu
                 vivat
                 ,
                 &
                 post
                 cui
                 voluerit
                 impertiat
                 ,
                 cum
                 his
                 rebus
                 quae
                 sibi
                 rite
                 pertinent
                 tam
                 in
                 magnis
                 quam
                 in
                 minimis
                 .
                 Sit
                 haec
                 donatio
                 immunis
                 a
                 servitute
                 mundana
                 ,
                 excepto
                 illo
                 labore
                 ,
                 qui
                 communis
                 omni
                 populo
                 videtur
                 esse
                 
                   (
                   not
                   naming
                
                 Expeditione
                 ,
                 &c.
                 
                   but
                   concluding
                
                 )
                 Si
                 quis
                 augeat
                 ,
                 augeatur
                 .
                 Si
                 quis
                 minuat
                 ,
                 careat
                 praemio
                 aeterno
                 ,
                 &c.
                 
                   So
                   that
                   here
                   he
                   was
                   freed
                
                 a
                 servitute
                 mundana
                 
                   both
                   great
                   and
                   small
                   ,
                   that
                   was
                   incident
                   or
                   inherent
                   to
                   the
                   land
                   by
                   way
                   of
                   Tenure
                   ,
                   and
                   yet
                   he
                   was
                   chargeable
                   to
                   military
                   Expedition
                   ,
                   and
                   to
                   the
                   repairing
                   of
                
                 Bridges
                 ,
                 Castles
                 ,
                 Burroughs
                 ,
                 and
                 Fortifications
                 ,
                 
                   but
                   that
                   not
                   otherwise
                   than
                   as
                   all
                   the
                   land
                   of
                   the
                   Kingdom
                   was
                   charg'd
                   ,
                   (
                   as
                   before
                   we
                   have
                   shew'd
                   )
                   .
                
              
               
                 
                 Regnante
                 in
                 perpetuum
                 Domino
                 nostro
                 ,
                 &c.
                 
                 Ego
                 Eadgarus
                 Rex
                 Anglorum
                 ,
                 caeterarumque
                 gentium
                 in
                 circuitu
                 persistentium
                 gubernator
                 &
                 rector
                 ,
                 cuidam
                 fideli
                 meo
                 Ministro
                 vocato
                 nomine
                 Alur
                 .
                 modicam
                 muniminis
                 mei
                 partem
                 Terrae
                 ,
                 
                   i.
                   e.
                
                 in
                 Dorset
                 .
                 &
                 tres
                 perticas
                 in
                 illo
                 loco
                 ,
                 ubi
                 Anglica
                 appellatione
                 dicitur
                 
                   at
                   Lonk
                
                 ,
                 ut
                 habeat
                 ac
                 possideat
                 quamdiu
                 vivat
                 ,
                 &
                 post
                 se
                 unum
                 haeredem
                 ,
                 quicunque
                 sibi
                 placuerit
                 ,
                 derelinquat
                 .
                 Sit
                 hoc
                 praedictum
                 rus
                 liberum
                 ab
                 omni
                 malorum
                 obstaculo
                 cum
                 omnibus
                 ad
                 rus
                 rite
                 pertinentibus
                 ,
                 campis
                 ,
                 pascuis
                 ,
                 pratis
                 ,
                 sylvis
                 ;
                 Excepto
                 communi
                 labore
                 ,
                 
                   Expeditione
                   ,
                   pontis
                   &
                   arcis
                   constructione
                   .
                
                 Si
                 quis
                 vero
                 hominum
                 hanc
                 meam
                 Donationem
                 cum
                 stultitiae
                 temeritate
                 jactando
                 infringere
                 tentaverit
                 ,
                 sit
                 ipse
                 gravibus
                 per
                 colla
                 depressis
                 catenis
                 inter
                 flamivomes
                 tetrorum
                 doemonum
                 catervas
                 ,
                 nisi
                 prius
                 ad
                 satisfactionem
                 emendare
                 voluerit
                 .
                 Istis
                 terminis
                 haec
                 tellus
                 ambita
                 videtur
                 :
                 Ðis
                 is
                 þe
                 landgemark
                 at
                 Lonk
                 ,
                 &c.
                 
                 Haec
                 charta
                 scripta
                 est
                 Anno
                 Dominicae
                 Incarnationis
                 ,
                 958.
                 
              
               
                 
                 1
                 Mundi
                 denique
                 status
                 Christi
                 moderatoris
                 disponente
                 ,
                 &c.
                 Ego
                 Ethelredus
                 totius
                 Albionis
                 Basileus
                 ,
                 cuidam
                 mihi
                 obsequentium
                 Aethelwoldo
                 vocitatione
                 ,
                 pro
                 ejus
                 placabili
                 Obsequio
                 quandam
                 terrae
                 particulam
                 ,
                 
                   i.
                   e.
                
                 decem
                 manentia
                 in
                 loco
                 quem
                 coloni
                 Maningforde
                 appellant
                 in
                 perpetuam
                 concedo
                 haereditatem
                 ,
                 quatenus
                 ille
                 bene
                 perfruatur
                 ac
                 prospere
                 possideat
                 quamdiu
                 presenti
                 fruitur
                 vita
                 ,
                 &
                 post
                 vitae
                 suae
                 terminum
                 cuicunque
                 sibi
                 placuerit
                 haeredi
                 derelinquat
                 .
                 Sit
                 autem
                 praesata
                 terra
                 liberrima
                 ab
                 omni
                 munduali
                 obstaculo
                 ,
                 cum
                 omnibus
                 ad
                 eam
                 pertinentibus
                 in
                 campis
                 &
                 pascuis
                 pratisque
                 ac
                 cursibus
                 aquarum
                 ,
                 tribus
                 tantummodo
                 causis
                 exceptis
                 ,
                 i.
                 e.
                 
                   Expeditione
                   ,
                   pontis
                   arcisve
                   restauratione
                
                 .
                 Si
                 quis
                 autem
                 hanc
                 donationem
                 pervertere
                 studuerit
                 ,
                 perpetuae
                 maledictionis
                 incurrat
                 reatum
                 ,
                 &
                 gehennae
                 aeternum
                 sustineat
                 incendium
                 nisi
                 mortis
                 ante
                 exitum
                 hanc
                 praesumptionem
                 emendare
                 curaverit
                 .
                 Istis
                 terminis
                 ambitur
                 praefata
                 tellus
                 Ærst
                 of
                 eastreƿeardan
                 ,
                 &c.
                 
              
               
                 
                   So
                   King
                
                 Ethelred
                 
                   in
                   the
                   Charter
                   to
                   his
                   Thane
                
                 Sealwyne
                 ,
                 
                   granteth
                   five
                
                 cassatos
                 in
                 Readdn
                 ,
                 cum
                 omnibus
                 ,
                 &c.
                 cuicunque
                 sibi
                 libuerit
                 cleronomo
                 direlinquat
                 haereditate
                 ,
                 &c.
                 
                 Sit
                 autem
                 istud
                 praefatum
                 rus
                 liberrimum
                 ab
                 omni
                 mundali
                 obstaculo
                 in
                 magnis
                 ac
                 modicis
                 ,
                 campis
                 ,
                 pascuis
                 ,
                 pratis
                 ;
                 tribus
                 tantummodo
                 rationabiliter
                 rebus
                 exceptis
                 quae
                 2
                 usuali
                 ritu
                 observantur
                 ,
                 
                   i.
                   e.
                
                 cum
                 glomerata
                 sibi
                 expeditioni
                 compulerit
                 
                 populari
                 commilitonum
                 confligere
                 castra
                 ,
                 atque
                 cum
                 sua
                 petivit
                 pontis
                 titubantia
                 muniri
                 vada
                 :
                 ac
                 cum
                 concinni
                 turma
                 urbium
                 indigent
                 muniri
                 stabiliter
                 septa
                 ,
                 &c.
                 Dat.
                 anno
                 Dominicae
                 incarnat
                 .
                 1014.
                 
                 Indict
                 .
                 12.
                 
              
               
                 
                 1
                 In
                 nomine
                 Dei
                 almi
                 &
                 agiae
                 Sophiae
                 ,
                 &c.
                 Idcirco
                 ego
                 Cnute
                 Rex
                 ,
                 Anglorum
                 gubernator
                 &
                 rector
                 ,
                 quandam
                 ruris
                 portionem
                 ,
                 decem
                 &
                 septem
                 viz.
                 terrae
                 mansas
                 illo
                 in
                 loco
                 ubi
                 jamdudum
                 solicolae
                 illius
                 regionis
                 nomen
                 imposuerunt
                 
                   at
                   Abbodesbury
                
                 meo
                 fideli
                 Ministro
                 ,
                 quem
                 notis
                 affines
                 Orc
                 appellare
                 solent
                 ,
                 in
                 perpetuam
                 confirmo
                 haereditatem
                 quatenus
                 ille
                 bene
                 perfruatur
                 ac
                 perpetualiter
                 possideat
                 quamdiu
                 Deus
                 per
                 suam
                 ineffabilem
                 misericordiam
                 vitam
                 illi
                 &
                 vitalem
                 spiritum
                 concedere
                 voluerit
                 ,
                 deinde
                 namque
                 sibi
                 succedenti
                 cuicunque
                 voluerit
                 cleronomi
                 jure
                 haereditario
                 derelinquat
                 ,
                 ceu
                 supra
                 diximus
                 in
                 aeternam
                 haereditatem
                 .
                 Maneat
                 igitur
                 hoc
                 nostrum
                 donum
                 immobile
                 aeterna
                 libertate
                 jocundum
                 cum
                 universis
                 quae
                 ad
                 eundem
                 locum
                 pertinere
                 dinoscuntur
                 tam
                 in
                 magnis
                 quam
                 in
                 modicis
                 rebus
                 ,
                 in
                 campis
                 ,
                 pascuis
                 ,
                 pratis
                 ,
                 rivulis
                 ,
                 silvis
                 ,
                 aquarumque
                 cursibus
                 .
                 Excepto
                 communi
                 labore
                 quod
                 omnibus
                 liquide
                 patet
                 ,
                 viz.
                 
                   Expeditione
                   ,
                   pontis
                   constructione
                   ,
                   arcisve
                   munitione
                   .
                
                 Si
                 quis
                 autem
                 ,
                 &c.
                 
              
               
                 
                 
                   And
                   King
                
                 Edward
                 
                   the
                   Confessor
                   granting
                
                 duas
                 mansas
                 &
                 dimidiam
                 in
                 Wudeton
                 ,
                 &c.
                 to
                 Thola
                 
                   (
                   widow
                   of
                   the
                   foresaid
                
                 Orc
                 ,
                 
                   whom
                   in
                   a
                   Saxon
                   Charter
                   he
                   calleth
                   his
                
                 Man
                 ,
                 
                   that
                   is
                   his
                
                 Thane
                 )
                 
                   saith
                   thus
                
                 :
                 In
                 aeternam
                 haereditatem
                 concedo
                 quatenus
                 illa
                 habeat
                 &
                 perpetualiter
                 possideat
                 hanc
                 meam
                 regalem
                 donationem
                 quamdiu
                 vivat
                 ,
                 &
                 post
                 obitum
                 suum
                 cuicunque
                 voluerit
                 haeredi
                 relinquat
                 .
                 Sit
                 autem
                 praefatum
                 rus
                 liberum
                 ab
                 omni
                 seculari
                 gravedine
                 tam
                 in
                 magnis
                 quam
                 in
                 modicis
                 rebus
                 ,
                 in
                 campis
                 ,
                 pascuis
                 ,
                 pratis
                 ,
                 silvis
                 ,
                 aquarumque
                 decursibus
                 ;
                 tribus
                 exceptis
                 quae
                 
                   omnibus
                   hominibus
                   communia
                   sunt
                
                 ,
                 viz.
                 
                   Expeditione
                   ,
                   pontis
                   ,
                   arcisve
                   restauratione
                   .
                
              
               
                 After
                 all
                 these
                 ,
                 I
                 will
                 yet
                 add
                 one
                 other
                 of
                 King
                 Eadgar's
                 ,
                 having
                 somewhat
                 of
                 note
                 above
                 the
                 rest
                 ,
                 as
                 anon
                 we
                 shall
                 observe
                 .
                 It
                 was
                 made
                 to
                 the
                 new
                 Monastery
                 of
                 Hide
                 near
                 Winchester
                 in
                 these
                 words
                 .
              
               
                 
                 2
                 Annuente
                 altitoni
                 moderatoris
                 imperio
                 ,
                 &c.
                 Ego
                 Edgar
                 totius
                 Britanniae
                 basileus
                 quasdam
                 villas
                 ut
                 nominantur
                 ,
                 Dunketone
                 habens
                 quinque
                 hidas
                 terrae
                 &
                 Ecclesiam
                 ,
                 Sueyse
                 cum
                 28.
                 hydis
                 terrae
                 ,
                 &c.
                 
                 Concedo
                 
                   in
                   puram
                   &
                   perpetuam
                   eleemosynam
                
                 novae
                 Wintoniensi
                 Ecclesiae
                 beato
                 Petro
                 Apostolorum
                 principi
                 dicatae
                 ,
                 &c.
                 cum
                 omnibus
                 utensilibus
                 ,
                 pratis
                 ,
                 viz.
                 pascuis
                 ,
                 rivulis
                 ,
                 aeterna
                 largita
                 sint
                 haereditate
                 ,
                 &c.
                 
                 Sint
                 autem
                 praedictae
                 villae
                 ,
                 rus
                 ,
                 mansiones
                 ,
                 terrae
                 ,
                 rivuli
                 ,
                 omni
                 terrenae
                 servitutis
                 jugo
                 liberae
                 imperpetuum
                 ,
                 tribus
                 exceptis
                 ,
                 Rata
                 
                   viz.
                   Expeditione
                   ,
                   pontis
                   arcisve
                   restauratione
                   .
                
                 Si
                 quis
                 autem
                 hanc
                 nostram
                 donationem
                 in
                 aliud
                 quam
                 constituimus
                 transferre
                 voluerit
                 ,
                 privatus
                 consortio
                 Sanctae
                 Dei
                 Ecclesiae
                 ,
                 aeternis
                 baratri
                 incendiis
                 ,
                 &c.
                 puniatur
                 ,
                 &c.
                 
              
               
                 Whatsoever
                 the
                 phrase
                 be
                 in
                 the
                 Saxon
                 original
                 ,
                 (
                 for
                 I
                 take
                 this
                 to
                 be
                 a
                 translation
                 of
                 the
                 Norman
                 time
                 )
                 it
                 here
                 maketh
                 the
                 lands
                 to
                 be
                 given
                 in
                 Franckalmoign
                 ,
                 but
                 without
                 mention
                 of
                 Tenendum
                 ,
                 and
                 yet
                 sheweth
                 that
                 they
                 were
                 tyed
                 to
                 Expedition
                 ,
                 &c.
                 
                 Yea
                 ,
                 and
                 calleth
                 it
                 notwithstanding
                 
                   puram
                   Eleemosynam
                
                 ,
                 whereas
                 tho'
                 in
                 
                   libera
                   Eleemosyna
                
                 a
                 rent
                 in
                 old
                 deeds
                 hath
                 sometime
                 been
                 reserv'd
                 ,
                 yet
                 can
                 it
                 not
                 be
                 called
                 pura
                 ,
                 if
                 any
                 rent
                 or
                 service
                 at
                 all
                 were
                 reserved
                 to
                 the
                 Donor
                 .
              
               
                 I
                 have
                 recited
                 these
                 Charters
                 the
                 more
                 at
                 large
                 for
                 that
                 they
                 apparently
                 discover
                 by
                 many
                 reasons
                 (
                 which
                 we
                 shall
                 set
                 forth
                 in
                 the
                 next
                 Chapter
                 )
                 that
                 the
                 Thanes
                 possess'd
                 not
                 their
                 Thane-lands
                 either
                 by
                 any
                 
                   feodal
                   service
                
                 or
                 by
                 way
                 of
                 Tenure
                 .
              
            
             
               
               
                 CHAP.
                 X.
                 
              
               
                 Observations
                 upon
                 the
                 precedent
                 Charters
                 ,
                 shewing
                 that
                 the
                 Thane-lands
                 or
                 Expedition
                 were
                 not
                 feodal
                 or
                 did
                 lye
                 in
                 Tenure
                 .
              
               
                 THese
                 Charters
                 present
                 unto
                 us
                 the
                 general
                 manner
                 of
                 granting
                 and
                 possessing
                 of
                 Thane-land
                 among
                 the
                 Saxons
                 during
                 the
                 time
                 of
                 their
                 Monarchy
                 ,
                 'till
                 the
                 very
                 coming
                 of
                 the
                 Normans
                 .
                 And
                 there
                 is
                 to
                 be
                 observed
                 in
                 them
                 (
                 as
                 in
                 other
                 before
                 mention'd
                 )
                 what
                 hereafter
                 followeth
                 .
              
               
                 
                 First
                 ,
                 That
                 the
                 word
                 Thane
                 which
                 is
                 here
                 and
                 usually
                 interpreted
                 Minister
                 ,
                 (
                 that
                 is
                 an
                 officer
                 or
                 servant
                 ,
                 of
                 ðenian
                 servire
                 )
                 noteth
                 nothing
                 belonging
                 properly
                 to
                 the
                 war
                 ,
                 and
                 is
                 not
                 therefore
                 to
                 be
                 understood
                 as
                 Bracton
                 fancieth
                 the
                 word
                 Barones
                 to
                 be
                 
                   quasi
                   robur
                   belli
                
                 ,
                 or
                 to
                 import
                 any
                 matter
                 either
                 of
                 
                   Feodal
                   service
                
                 or
                 of
                 Tenure
                 .
              
               
                 
                 Secondly
                 ,
                 That
                 (
                 as
                 we
                 have
                 formerly
                 observed
                 upon
                 other
                 Charters
                 )
                 so
                 there
                 is
                 not
                 in
                 any
                 of
                 these
                 now
                 produced
                 ,
                 one
                 word
                 either
                 of
                 Tenure
                 or
                 of
                 Feodal
                 signification
                 ,
                 which
                 presently
                 after
                 the
                 Conquest
                 became
                 innumerable
                 ,
                 as
                 brought
                 in
                 by
                 the
                 Conquerour
                 .
                 Yet
                 well
                 may
                 it
                 be
                 ,
                 that
                 Edward
                 the
                 Confessor
                 (
                 having
                 his
                 education
                 in
                 Normandy
                 )
                 might
                 (
                 as
                 travellers
                 use
                 to
                 do
                 )
                 bring
                 some
                 Norman
                 words
                 and
                 manners
                 into
                 England
                 .
              
               
                 
                 Thirdly
                 ,
                 That
                 instead
                 of
                 tenere
                 and
                 tenendum
                 (
                 by
                 which
                 the
                 Norman
                 feudists
                 implied
                 a
                 Clientary
                 if
                 not
                 servile
                 dependance
                 ,
                 that
                 the
                 Tenant
                 hath
                 upon
                 the
                 Lord
                 )
                 the
                 Saxons
                 used
                 
                   habeat
                   ,
                   possideat
                   ,
                   fruatur
                
                 ,
                 or
                 perfruatur
                 (
                 and
                 elsewhere
                 gaudeat
                 )
                 words
                 of
                 freedom
                 and
                 immunity
                 .
                 So
                 likewise
                 for
                 tenementa
                 (
                 signifying
                 things
                 holden
                 of
                 a
                 superior
                 proprietary
                 )
                 they
                 used
                 
                   mansas
                   ,
                   manentia
                
                 ,
                 and
                 
                   mansiones
                   à
                   manendo
                
                 ,
                 (
                 as
                 places
                 of
                 abode
                 )
                 or
                 
                   casatas
                   à
                   casa
                
                 ,
                 for
                 a
                 dwelling-house
                 ,
                 otherwise
                 call'd
                 
                   hyda
                   ,
                   quasi
                   tectum
                   à
                   tegendo
                   ,
                
                 including
                 under
                 these
                 names
                 all
                 the
                 lands
                 that
                 belong'd
                 thereunto
                 .
                 And
                 those
                 that
                 dwelt
                 upon
                 those
                 mansas
                 ,
                 &c.
                 they
                 called
                 not
                 tenentes
                 (
                 holders
                 )
                 as
                 we
                 do
                 ,
                 but
                 manentes
                 ,
                 as
                 persons
                 abiding
                 there
                 .
                 All
                 the
                 foresaid
                 words
                 being
                 of
                 the
                 middle-age-dialect
                 ,
                 not
                 appropriated
                 to
                 the
                 feodal
                 language
                 .
              
               
                 
                 Fourthly
                 ,
                 In
                 granting
                 of
                 feuds
                 and
                 
                   feud
                   lands
                
                 ,
                 the
                 consideration
                 is
                 allways
                 for
                 matter
                 
                   de
                   futuro
                
                 ,
                 as
                 
                   pro
                   homagio
                   &
                   servitio
                   habendo
                
                 .
                 But
                 here
                 in
                 granting
                 these
                 Thane-lands
                 ,
                 the
                 consideration
                 is
                 for
                 service
                 past
                 or
                 present
                 ,
                 signified
                 by
                 the
                 quality
                 of
                 the
                 Thane
                 ,
                 as
                 
                   fideli
                   ministro
                   meo
                
                 ,
                 or
                 
                   pro
                   placabili
                   obsequio
                
                 ,
                 not
                 only
                 without
                 reservation
                 of
                 any
                 future
                 service
                 ,
                 but
                 with
                 express
                 immunity
                 from
                 all
                 services
                 :
                 as
                 ,
                 to
                 use
                 the
                 words
                 of
                 the
                 Charters
                 themselves
                 ,
                 1.
                 
                   ut
                   sint
                   libera
                   vel
                   immunia
                   à
                   servitute
                   mundana
                   .
                
                 2.
                 
                 
                   Ab
                   omni
                   malorum
                   obstaculo
                
                 .
                 3.
                 
                 
                   Liberrima
                   ab
                   omni
                   munduali
                   obstaculo
                
                 .
                 4.
                 
                 
                   Liberrimum
                   ab
                   omni
                   munduali
                   obstaculo
                   in
                   magnis
                   &
                   modicis
                   .
                
                 5.
                 
                 
                   Aeterna
                   libertate
                   jocundum
                
                 .
                 6.
                 
                 
                   Liberum
                   ab
                   omni
                   seculari
                   gravedine
                
                 .
                 Such
                 was
                 the
                 freedom
                 of
                 these
                 Thane-lands
                 ,
                 equal
                 and
                 no
                 less
                 than
                 that
                 of
                 the
                 lands
                 given
                 in
                 Franck-Almoigne
                 by
                 King
                 Edgar
                 in
                 the
                 last
                 cited
                 Charter
                 ,
                 which
                 are
                 there
                 said
                 to
                 be
                 
                   Omni
                   terrenae
                   servitutis
                   jugo
                   liberae
                   imperpetuum
                   .
                
              
               
                 
                 Fifthly
                 ,
                 The
                 Feodal
                 lands
                 might
                 not
                 be
                 aliened
                 without
                 Licence
                 :
                 But
                 the
                 Thane
                 by
                 the
                 very
                 words
                 of
                 his
                 original
                 Charter
                 ,
                 might
                 grant
                 them
                 
                   cuicunque
                   voluerit
                
                 .
              
               
                 
                 Sixthly
                 ,
                 A
                 
                   Feodal
                   tenant
                
                 or
                 
                   tenant
                   by
                   Knights-service
                
                 (
                 as
                 we
                 call
                 him
                 )
                 could
                 not
                 devise
                 his
                 land
                 by
                 Will
                 before
                 the
                 statute
                 of
                 32.
                 
                 Hen.
                 VIII
                 .
                 tho'
                 it
                 were
                 with
                 Licence
                 of
                 the
                 Lord
                 and
                 of
                 the
                 King
                 himself
                 ,
                 (
                 which
                 law
                 the
                 Germans
                 
                 themselves
                 do
                 hold
                 even
                 unto
                 this
                 day
                 .
                 And
                 the
                 Danes
                 can
                 yet
                 devise
                 no
                 land
                 by
                 Will
                 (
                 as
                 I
                 am
                 informed
                 )
                 but
                 the
                 Thane
                 might
                 devise
                 his
                 Thane-land
                 to
                 whom
                 he
                 would
                 ,
                 as
                 appeareth
                 b●
                 the
                 words
                 of
                 King
                 Edward
                 the
                 Confessor
                 in
                 a
                 Charter
                 to
                 Thola
                 ,
                 where
                 he
                 saith
                 ,
                 
                   Possideat
                   hanc
                   meam
                   regiam
                   dona●●onem
                   quamdiu
                   vivat
                   ,
                   &
                   post
                   obitum
                   suum
                   cuicunque
                   voluerit
                   haeredi
                   relinquat
                
                 ;
                 excluding
                 hereby
                 all
                 title
                 of
                 Wardship
                 and
                 Feodal
                 duties
                 .
                 To
                 the
                 same
                 effect
                 are
                 the
                 rest
                 of
                 the
                 Charters
                 ,
                 and
                 therewith
                 agreeth
                 the
                 priviledge
                 of
                 a
                 Thane
                 before
                 mentioned
                 ,
                 
                   Thani
                   lex
                   est
                   ut
                   sit
                   dignus
                   rectitudine
                   testamenti
                   sui
                   .
                
                 As
                 for
                 that
                 passage
                 in
                 the
                 Will
                 of
                 Brictrick
                 the
                 Saxon
                 ,
                 where
                 he
                 seeketh
                 his
                 Lord
                 s
                 consent
                 that
                 his
                 Will
                 may
                 stand
                 ,
                 I
                 conceive
                 it
                 to
                 be
                 in
                 respect
                 of
                 some
                 ●o●●land
                 or
                 custumary
                 land
                 ,
                 which
                 according
                 to
                 the
                 use
                 of
                 that
                 time
                 he
                 held
                 at
                 the
                 will
                 of
                 his
                 Lord
                 ,
                 and
                 not
                 in
                 respect
                 of
                 any
                 Thane-land
                 .
                 For
                 tho'
                 this
                 Brictrick
                 were
                 a
                 man
                 of
                 great
                 possessions
                 ,
                 yet
                 was
                 he
                 none
                 of
                 the
                 chiefest
                 sort
                 of
                 Than●s
                 called
                 the
                 
                   King's
                   Thanes
                
                 ,
                 but
                 as
                 appeareth
                 by
                 his
                 Will
                 ,
                 an
                 under-Thane
                 belonging
                 to
                 Aelfric
                 ,
                 who
                 was
                 Earl
                 of
                 Mercia
                 .
                 And
                 how
                 far
                 the
                 priviledge
                 of
                 these
                 under
                 or
                 lesser-Thanes
                 extended
                 ,
                 I
                 cannot
                 yet
                 determine
                 .
              
               
                 
                 Seventhly
                 ,
                 If
                 Thane-land
                 were
                 of
                 the
                 nature
                 of
                 lands
                 holden
                 by
                 Knight-service
                 ,
                 then
                 by
                 the
                 Feodal
                 law
                 of
                 that
                 time
                 it
                 could
                 not
                 
                   transire
                   a
                   lancea
                   ad
                   fusum
                
                 ,
                 that
                 is
                 ,
                 it
                 might
                 not
                 be
                 granted
                 to
                 Women
                 ;
                 for
                 Women
                 were
                 not
                 then
                 ,
                 nor
                 long
                 after
                 capable
                 of
                 
                   Feodal
                   land
                
                 .
                 But
                 the
                 land
                 here
                 granted
                 to
                 Thola
                 was
                 Thane-land
                 ,
                 as
                 appeareth
                 by
                 the
                 very
                 words
                 of
                 her
                 Charter
                 ;
                 for
                 that
                 it
                 is
                 granted
                 
                   in
                   aeternam
                   haereditatem
                   perpetualiter
                   possidendam
                
                 ,
                 which
                 words
                 (
                 making
                 an
                 estate
                 of
                 inheritance
                 )
                 were
                 only
                 proper
                 to
                 Thane-land
                 otherwise
                 called
                 Bocland
                 ;
                 not
                 to
                 Folcland
                 or
                 Popular
                 land
                 ,
                 which
                 was
                 but
                 at
                 Will
                 of
                 the
                 Lord
                 for
                 years
                 or
                 for
                 life
                 .
              
               
                 
                 Eighthly
                 ,
                 There
                 could
                 no
                 tenure
                 nor
                 service
                 lye
                 upon
                 the
                 Thane-lands
                 ,
                 other
                 than
                 what
                 was
                 expressed
                 in
                 the
                 Charters
                 .
                 For
                 in
                 the
                 end
                 of
                 every
                 of
                 them
                 there
                 was
                 an
                 horrible
                 curse
                 (
                 which
                 in
                 those
                 days
                 was
                 fearfully
                 respected
                 )
                 laid
                 by
                 the
                 King
                 himself
                 upon
                 all
                 those
                 that
                 should
                 violate
                 the
                 Charter
                 ,
                 (
                 either
                 by
                 adding
                 other
                 incumbrances
                 ,
                 or
                 by
                 diminishing
                 the
                 granted
                 immunities
                 .
                 )
                 So
                 that
                 it
                 is
                 not
                 to
                 be
                 supposed
                 that
                 there
                 was
                 any
                 lurking
                 Tenure
                 ,
                 or
                 matter
                 of
                 
                   plus
                   ultra
                
                 to
                 impeach
                 them
                 .
                 The
                 curse
                 beginneth
                 in
                 every
                 of
                 the
                 Charters
                 with
                 these
                 words
                 ,
                 
                   Si
                   quis
                   autem
                
                 ,
                 &c.
                 
              
               
                 
                 Ninthly
                 and
                 lastly
                 ,
                 Touching
                 Expedition
                 ,
                 and
                 repairing
                 of
                 Castles
                 and
                 Bridges
                 ,
                 which
                 the
                 Saxons
                 called
                 Burghbote
                 and
                 Brugbote
                 ,
                 tho'
                 the
                 two
                 first
                 of
                 them
                 be
                 wholly
                 military
                 ,
                 and
                 the
                 last
                 serving
                 as
                 well
                 for
                 the
                 passage
                 of
                 the
                 King's
                 Army
                 as
                 for
                 the
                 trade
                 and
                 commerce
                 of
                 his
                 people
                 ;
                 yet
                 were
                 none
                 of
                 them
                 either
                 marks
                 of
                 Tenure
                 or
                 of
                 Feodal
                 service
                 ,
                 as
                 appeareth
                 by
                 that
                 we
                 have
                 formerly
                 shew'd
                 ,
                 and
                 by
                 the
                 testimony
                 of
                 these
                 Charters
                 ,
                 where
                 (
                 to
                 use
                 the
                 words
                 of
                 
                   Edw
                   ▪
                
                 the
                 Confessor
                 in
                 that
                 to
                 Thola
                 )
                 it
                 is
                 said
                 that
                 they
                 are
                 ,
                 
                   Omnibus
                   hominibus
                   communia
                
                 ,
                 a
                 common
                 burthen
                 to
                 all
                 men
                 ,
                 as
                 belonging
                 to
                 the
                 safety
                 and
                 sacred
                 anchor
                 both
                 of
                 the
                 Kingdom
                 and
                 Common-wealth
                 .
                 The
                 Saxons
                 therefore
                 did
                 not
                 call
                 them
                 services
                 or
                 
                   Feodal
                   duties
                
                 ,
                 as
                 things
                 that
                 lay
                 upon
                 the
                 person
                 of
                 the
                 owner
                 ;
                 but
                 landirecta
                 ,
                 rights
                 that
                 charg'd
                 the
                 very
                 land
                 whosoever
                 did
                 possess
                 it
                 Church
                 or
                 Lay
                 man.
                 And
                 these
                 duties
                 were
                 ordinarily
                 excepted
                 in
                 every
                 Charter
                 ,
                 not
                 for
                 that
                 they
                 should
                 otherwise
                 be
                 extinguished
                 ,
                 but
                 
                   per
                   superabundantem
                   cautelam
                
                 ,
                 lest
                 the
                 general
                 words
                 precedent
                 should
                 be
                 mistaken
                 to
                 involve
                 them
                 and
                 to
                 release
                 that
                 which
                 the
                 King
                 could
                 not
                 release
                 .
                 For
                 tho'
                 Ethelbald
                 by
                 his
                 Charter
                 to
                 the
                 Monks
                 of
                 Croyland
                 1
                 did
                 give
                 the
                 site
                 of
                 that
                 Monastery
                 ,
                 with
                 the
                 appendancies
                 ,
                 &c.
                 
                   libera
                   &
                   soluta
                   ab
                   omni
                   onere
                   seculari
                   in
                   perpetuam
                   el●emosynam
                   ,
                
                 yet
                 in
                 his
                 Charter
                 of
                 priviledges
                 granted
                 to
                 all
                 Churches
                 and
                 Monasteries
                 of
                 his
                 Kingdom
                 ,
                 speaking
                 of
                 the
                 repairing
                 of
                 Castles
                 and
                 Bridges
                 ,
                 he
                 confesseth
                 and
                 saith
                 ,
                 that
                 
                   Nulli
                   unquam
                   relaxari
                   possunt
                
                 .
                 And
                 I
                 suppose
                 that
                 the
                 word
                 Expedition
                 
                 was
                 here
                 omitted
                 by
                 the
                 negligence
                 of
                 the
                 Scribe
                 ;
                 for
                 I
                 never
                 find
                 it
                 severed
                 from
                 repairing
                 of
                 Castles
                 and
                 Bridges
                 in
                 any
                 other
                 Charter
                 .
                 And
                 also
                 tho'
                 King
                 Ethelwulf
                 by
                 his
                 memorable
                 Charter
                 of
                 priviledges
                 (
                 ratified
                 by
                 the
                 great
                 Council
                 of
                 Winchester
                 in
                 the
                 year
                 855.
                 )
                 did
                 by
                 express
                 words
                 free
                 
                   Sanctam
                   Ecclesiam
                
                 ,
                 that
                 is
                 all
                 the
                 Churches
                 and
                 Monasteries
                 of
                 his
                 Kingdom
                 ,
                 
                   ab
                   Expeditione
                   &
                   pontis
                   extructione
                   &
                   arcis
                   munitione
                
                 1
                 ,
                 yet
                 the
                 whole
                 Clergy
                 about
                 the
                 year
                 868.
                 did
                 notwithstanding
                 voluntarily
                 assist
                 his
                 son
                 Beorredus
                 against
                 the
                 Danes
                 with
                 all
                 the
                 power
                 they
                 could
                 ,
                 as
                 appeareth
                 by
                 the
                 Charter
                 of
                 the
                 same
                 Beorredus
                 .
              
            
             
               
                 CHAP.
                 XI
                 .
              
               
                 More
                 touching
                 the
                 freedom
                 of
                 Thane-land
                 out
                 of
                 Doomsday
                 .
              
               
                 
                 THo'
                 that
                 which
                 is
                 delivered
                 in
                 these
                 Charters
                 be
                 authentical
                 and
                 need
                 no
                 farther
                 proof
                 ,
                 yet
                 to
                 convince
                 broad
                 spreading
                 errors
                 the
                 more
                 manifestly
                 ,
                 it
                 will
                 not
                 be
                 unnecessary
                 to
                 shew
                 what
                 Doomsday
                 it self
                 relateth
                 to
                 confirm
                 it
                 .
                 For
                 whereas
                 lands
                 holden
                 
                   in
                   Capite
                
                 and
                 by
                 Knights-service
                 ,
                 could
                 not
                 otherwise
                 be
                 disposed
                 than
                 by
                 licence
                 of
                 the
                 King
                 or
                 Superior
                 Lord
                 ,
                 Doomsday
                 sheweth
                 that
                 the
                 Thane-lands
                 might
                 be
                 used
                 and
                 disposed
                 at
                 the
                 pleasure
                 of
                 the
                 owner
                 ,
                 without
                 impeachment
                 of
                 any
                 other
                 .
                 For
                 at
                 Ebsa
                 in
                 Suthry
                 under
                 the
                 title
                 of
                 
                   Ric.
                   fil
                   .
                   Comitis
                   Gisleberti
                
                 ,
                 it
                 saith
                 ,
                 
                   Hanc
                   terram
                   tenuerunt
                   novem
                   Teigni
                   &
                   cum
                   ea
                   poterant
                   utere
                   quo
                   volebant
                   .
                
                 Plain
                 Latin
                 ,
                 but
                 the
                 sense
                 is
                 ,
                 That
                 nine
                 Thanes
                 held
                 this
                 land
                 of
                 Ebsam
                 (
                 in
                 the
                 time
                 of
                 Edward
                 the
                 Confessor
                 )
                 and
                 might
                 do
                 with
                 it
                 what
                 they
                 would
                 .
                 So
                 at
                 Est-Burnham
                 in
                 Buckinghamshire
                 under
                 the
                 title
                 of
                 
                   Milo
                   Crispin
                   ,
                   Duo
                   Teigni
                   homines
                   Brictrici
                   hanc
                   terram
                   tenuerunt
                   ,
                   &
                   vendere
                   potuere
                   :
                
                 and
                 here
                 it
                 seemeth
                 that
                 these
                 Thanes
                 were
                 not
                 the
                 Kings
                 Thanes
                 ,
                 but
                 of
                 the
                 lesser
                 sort
                 ;
                 for
                 that
                 he
                 calleth
                 them
                 
                   homines
                   Brictrici
                
                 .
                 So
                 in
                 the
                 same
                 Shire
                 under
                 the
                 title
                 of
                 
                   S.
                   Petr.
                   Westmon
                
                 .
                 it
                 is
                 said
                 of
                 the
                 same
                 Town
                 of
                 
                   Est-Burnham
                   :
                   Hoc
                   manerium
                   tres
                   Treigni
                   Tempore
                   Regis
                   Edwardi
                   tenuerunt
                   ,
                   &
                   vendere
                   potuerunt
                   .
                
              
               
                 
                 It
                 there
                 also
                 appeareth
                 that
                 the
                 Thane-land
                 might
                 be
                 charg'd
                 with
                 a
                 rent
                 issuing
                 out
                 of
                 it
                 ,
                 for
                 it
                 immediately
                 followeth
                 ,
                 &
                 
                   tamen
                   ipsi
                   tres
                   reddiderunt
                   quinque
                   oras
                   de
                   consuetudine
                   .
                
                 And
                 it
                 might
                 be
                 restrain'd
                 from
                 alienation
                 ,
                 as
                 where
                 it
                 is
                 said
                 in
                 
                   Doomsday
                   ,
                   De
                   ea
                
                 (
                 viz.
                 Lega
                 Pelton
                 )
                 
                   sunt
                   in
                   dominio
                   duae
                   hidae
                   ;
                   una
                   ex
                   hiis
                   fuit
                   Tainland
                   ,
                   non
                   tamen
                   poterat
                   ab
                   Ecclesia
                   separari
                   .
                
                 Where
                 the
                 word
                 tamen
                 implyeth
                 ,
                 that
                 altho'
                 Thane-lands
                 might
                 otherwise
                 be
                 alienated
                 ,
                 yet
                 this
                 particularly
                 could
                 not
                 .
                 So
                 likewise
                 might
                 it
                 be
                 entailed
                 upon
                 a
                 Family
                 ,
                 as
                 appeareth
                 in
                 the
                 laws
                 of
                 Alured
                 Cap.
                 37.
                 
                 But
                 thus
                 Doomsday
                 after
                 the
                 Conquest
                 affirmeth
                 the
                 same
                 that
                 the
                 Charters
                 did
                 before
                 the
                 Conquest
                 .
                 And
                 the
                 words
                 both
                 in
                 the
                 one
                 and
                 the
                 other
                 ,
                 which
                 shew
                 that
                 the
                 Thane
                 might
                 sell
                 or
                 use
                 this
                 land
                 as
                 he
                 would
                 ,
                 do
                 imply
                 an
                 estate
                 of
                 inheritance
                 independant
                 of
                 any
                 Lord
                 either
                 feodal
                 or
                 superior
                 ,
                 and
                 was
                 as
                 even
                 the
                 Alodium
                 mentioned
                 in
                 the
                 Chapter
                 of
                 Thanes
                 ;
                 but
                 whether
                 it
                 were
                 descendable
                 only
                 upon
                 the
                 eldest
                 son
                 ,
                 or
                 dividable
                 between
                 all
                 the
                 sons
                 as
                 in
                 Gavelkind
                 ,
                 I
                 cannot
                 say
                 ,
                 but
                 the
                 formula
                 of
                 Alodium
                 join'd
                 with
                 Marculfus
                 doth
                 divide
                 it
                 between
                 them
                 all
                 .
              
            
             
               
               
                 CHAP.
                 XII
                 .
              
               
                 The
                 fruits
                 of
                 
                   Feodal
                   Tenures
                
                 ,
                 and
                 that
                 they
                 were
                 not
                 sound
                 among
                 the
                 Saxons
                 ,
                 or
                 not
                 after
                 our
                 manner
                 .
              
               
                 HItherto
                 we
                 have
                 sought
                 our
                 Tenures
                 among
                 the
                 Saxons
                 ,
                 and
                 have
                 not
                 found
                 them
                 ,
                 tho'
                 the
                 Report
                 1
                 telleth
                 us
                 ,
                 
                   It
                   is
                   most
                   manifest
                   that
                   they
                   were
                   frequent
                   and
                   2
                   common
                   in
                   the
                   times
                   of
                   the
                   Saxons
                   .
                
                 We
                 will
                 now
                 follow
                 the
                 direction
                 of
                 our
                 Saviour
                 3
                 ,
                 and
                 see
                 if
                 
                   by
                   the
                   fruit
                   we
                   can
                   find
                   the
                   tree
                   .
                
                 The
                 Report
                 saith
                 4
                 ,
                 (
                 by
                 question
                 and
                 answer
                 )
                 
                   The
                   fruits
                   of
                   the
                   Tenure
                   
                     viz.
                     in
                     Capite
                  
                   and
                   Knights-service
                   )
                   what
                   are
                   they
                   ?
                   but
                   the
                   (
                   1
                   )
                   Profits
                   of
                   the
                   lands
                   .
                   (
                   2
                   )
                   Wardship
                   .
                   (
                   3
                   )
                   Livery
                   .
                   (
                   4
                   )
                   Primier
                   seisin
                   .
                   (
                   5
                   )
                   Relief
                   ,
                   mistaken
                   to
                   be
                   an
                   Heriot
                   .
                   (
                   6
                   )
                   Fine
                   for
                   alienation
                   and
                   the
                   rest
                   :
                   Which
                   rest
                   it
                   5
                   supplyeth
                   shortly
                   after
                   to
                   be
                   (
                   7
                   )
                   Homage
                   .
                   (
                   8
                   )
                   Fealty
                   .
                   (
                   9
                   )
                   Escuage
                   :
                   Adding
                   again
                   Relief
                   and
                   Wardship
                   ,
                
                 instead
                 whereof
                 I
                 out
                 of
                 a
                 third
                 passage
                 6
                 do
                 place
                 (
                 10
                 )
                 Escheats
                 .
                 And
                 it
                 concludeth
                 7
                 that
                 
                   As
                   all
                   these
                   tenures
                   were
                   common
                   in
                   those
                   times
                   ,
                   so
                   were
                   all
                   the
                   fruits
                   of
                   them
                   ,
                   &c.
                   
                
                 Which
                 if
                 it
                 be
                 true
                 the
                 question
                 is
                 determined
                 ;
                 nay
                 ,
                 I
                 yield
                 it
                 ,
                 if
                 any
                 one
                 of
                 them
                 agreeing
                 directly
                 with
                 our
                 Tenures
                 be
                 found
                 amongst
                 them
                 ;
                 some
                 shew
                 of
                 Fealty
                 and
                 Licence
                 to
                 alien
                 lands
                 granted
                 for
                 a
                 certain
                 time
                 ,
                 only
                 excepted
                 ,
                 for
                 avoiding
                 captious
                 disputation
                 .
              
               
                 Their
                 very
                 names
                 pretend
                 no
                 Saxon
                 antiquity
                 ,
                 but
                 as
                 the
                 Ephramites
                 bewrayed
                 their
                 Tribe
                 by
                 their
                 Language
                 ,
                 so
                 by
                 their
                 names
                 these
                 fruits
                 discover
                 themselves
                 to
                 be
                 of
                 Norman
                 progeny
                 .
                 And
                 the
                 Report
                 doth
                 not
                 give
                 us
                 one
                 instance
                 or
                 example
                 of
                 any
                 of
                 them
                 in
                 all
                 the
                 Saxon
                 times
                 .
                 If
                 it
                 did
                 ,
                 the
                 words
                 before
                 mention'd
                 in
                 the
                 Charters
                 to
                 the
                 Thanes
                 ,
                 declaring
                 that
                 their
                 land
                 must
                 be
                 
                   libera
                   ab
                   omni
                   seculari
                   gravedine
                
                 ,
                 &c.
                 sweep
                 all
                 away
                 at
                 once
                 as
                 the
                 West-wind
                 did
                 the
                 Grashoppers
                 in
                 Egypt
                 ,
                 and
                 do
                 make
                 the
                 Thane-lands
                 to
                 have
                 the
                 priviledge
                 of
                 Alodium
                 (
                 here
                 before
                 mention'd
                 )
                 to
                 belong
                 unto
                 them
                 ,
                 that
                 is
                 ,
                 to
                 be
                 free
                 from
                 all
                 tenure
                 and
                 service
                 .
                 It
                 is
                 true
                 notwithstanding
                 that
                 both
                 the
                 greater
                 and
                 lesser-Thanes
                 might
                 have
                 ,
                 and
                 had
                 other
                 lands
                 (
                 besides
                 these
                 that
                 were
                 hereditary
                 )
                 of
                 feudal
                 nature
                 and
                 holden
                 by
                 military
                 service
                 (
                 as
                 in
                 the
                 Charter
                 of
                 Oswald
                 the
                 Bishop
                 shall
                 after
                 appear
                 :
                 )
                 but
                 they
                 holding
                 them
                 like
                 Folcland
                 only
                 at
                 the
                 will
                 of
                 the
                 Lord
                 (
                 whether
                 King
                 or
                 other
                 )
                 or
                 for
                 certain
                 years
                 ,
                 or
                 at
                 most
                 for
                 life
                 or
                 lives
                 ,
                 their
                 Tenure
                 and
                 Feuds
                 determin'd
                 with
                 the
                 will
                 of
                 the
                 Lord
                 ,
                 the
                 term
                 of
                 years
                 or
                 estate
                 for
                 life
                 .
                 And
                 then
                 could
                 not
                 any
                 of
                 the
                 fruits
                 before
                 spoken
                 of
                 ,
                 accrue
                 unto
                 the
                 Lord
                 that
                 granted
                 the
                 land
                 ,
                 for
                 that
                 it
                 forthwith
                 reverted
                 intirely
                 into
                 his
                 own
                 hands
                 ,
                 and
                 was
                 to
                 be
                 kept
                 and
                 dispos'd
                 a-new
                 as
                 pleas'd
                 him
                 .
              
               
                 It
                 is
                 apparent
                 therefore
                 by
                 this
                 general
                 demonstration
                 ,
                 that
                 the
                 fruits
                 we
                 speak
                 of
                 ,
                 could
                 not
                 arise
                 out
                 of
                 either
                 of
                 the
                 Thane-lands
                 ,
                 (
                 were
                 they
                 temporary
                 or
                 hereditary
                 )
                 if
                 not
                 haply
                 fealty
                 or
                 some
                 gratuity
                 to
                 the
                 Lord
                 for
                 licence
                 that
                 the
                 
                   temporary
                   Tenant
                
                 might
                 assign
                 his
                 interest
                 or
                 have
                 it
                 enlarg'd
                 ,
                 (
                 things
                 proper
                 as
                 well
                 to
                 Socage
                 and
                 Folcland
                 as
                 to
                 
                   Feudal
                   .
                
                 )
                 But
                 let
                 us
                 examine
                 all
                 these
                 fruits
                 particularly
                 ,
                 and
                 see
                 whether
                 and
                 how
                 we
                 find
                 any
                 of
                 them
                 among
                 the
                 Saxons
                 ;
                 and
                 give
                 me
                 leave
                 herein
                 to
                 produce
                 them
                 in
                 such
                 order
                 (
                 tho'
                 not
                 logical
                 )
                 as
                 the
                 Report
                 presenteth
                 them
                 to
                 the
                 Reader
                 in
                 their
                 several
                 places
                 .
              
            
             
               
               
                 CHAP.
                 XIII
                 .
              
               
                 No
                 profit
                 of
                 Land
                 by
                 Wardship
                 in
                 the
                 Saxons
                 time
                 .
              
               
                 
                 AS
                 for
                 the
                 profits
                 of
                 the
                 land
                 which
                 the
                 King
                 hath
                 now
                 during
                 the
                 minority
                 of
                 a
                 Ward
                 ,
                 it
                 is
                 manifest
                 that
                 the
                 Kings
                 then
                 had
                 no
                 such
                 of
                 the
                 Thane-lands
                 ;
                 for
                 that
                 the
                 Thane
                 had
                 this
                 particular
                 priviledge
                 ,
                 that
                 when
                 he
                 dy'd
                 he
                 might
                 make
                 his
                 Will
                 of
                 his
                 own
                 lands
                 (
                 as
                 it
                 formerly
                 appeareth
                 )
                 and
                 
                 give
                 them
                 unto
                 whom
                 he
                 would
                 ,
                 which
                 was
                 never
                 lawful
                 after
                 the
                 coming
                 of
                 the
                 Normans
                 ,
                 for
                 any
                 Baron
                 or
                 Tenant
                 by
                 Knight-service
                 to
                 do
                 ;
                 till
                 the
                 statute
                 32.
                 
                 Hen.
                 VIII
                 .
                 Cap.
                 1.
                 gave
                 free
                 liberty
                 to
                 all
                 men
                 to
                 devise
                 all
                 Socage-land
                 by
                 their
                 last
                 Will
                 in
                 writing
                 ,
                 and
                 no
                 more
                 than
                 two
                 parts
                 only
                 of
                 land
                 holden
                 
                   in
                   Capite
                
                 or
                 by
                 Knight-service
                 ,
                 least
                 it
                 should
                 hinder
                 the
                 Lords
                 too
                 much
                 of
                 their
                 
                   Feodal
                   profits
                
                 .
                 And
                 Socage-lands
                 were
                 therefore
                 long
                 before
                 devisable
                 in
                 many
                 Burroughs
                 ,
                 for
                 that
                 thereby
                 the
                 Lord
                 sustain'd
                 no
                 such
                 prejudice
                 .
                 But
                 to
                 conclude
                 this
                 point
                 in
                 one
                 word
                 ,
                 it
                 shall
                 (
                 I
                 hope
                 )
                 be
                 made
                 manifest
                 in
                 the
                 next
                 Chapter
                 ,
                 that
                 there
                 were
                 no
                 Wardships
                 amongst
                 the
                 Saxons
                 ,
                 and
                 thereupon
                 it
                 will
                 follow
                 invincibly
                 there
                 could
                 be
                 then
                 no
                 profits
                 of
                 lands
                 arising
                 to
                 the
                 King
                 or
                 Lords
                 by
                 title
                 of
                 Wardship
                 .
              
            
             
               
                 CHAP.
                 XIV
                 .
              
               
                 No
                 Wardship
                 in
                 England
                 amongst
                 the
                 Saxons
                 .
                 Objections
                 answered
                 .
              
               
                 IN
                 following
                 the
                 Report
                 I
                 must
                 now
                 speak
                 
                   de
                   causa
                   post
                   causatum
                
                 ;
                 of
                 Wardship
                 after
                 the
                 Profits
                 of
                 land
                 growing
                 by
                 it
                 .
                 This
                 being
                 the
                 chiefest
                 fruit
                 of
                 all
                 
                   feodal
                   servitudes
                
                 ,
                 and
                 the
                 root
                 from
                 whence
                 many
                 branches
                 of
                 like
                 grievances
                 take
                 their
                 original
                 ;
                 the
                 Report
                 laboureth
                 more
                 to
                 prove
                 it
                 to
                 have
                 been
                 in
                 use
                 among
                 our
                 Saxons
                 ,
                 than
                 it
                 doth
                 in
                 all
                 the
                 rest
                 of
                 them
                 ,
                 and
                 enforceth
                 me
                 thereby
                 to
                 the
                 greater
                 labour
                 in
                 examining
                 it
                 ,
                 and
                 discovering
                 the
                 contrary
                 .
              
               
                 
                 Touching
                 the
                 name
                 
                   (
                   Wardship
                
                 )
                 I
                 confess
                 it
                 carryeth
                 a
                 Saxon
                 sound
                 ,
                 but
                 from
                 Norman
                 God-fathers
                 ,
                 with
                 whom
                 Gard
                 signifying
                 the
                 same
                 that
                 Ward
                 doth
                 with
                 us
                 ,
                 and
                 they
                 bringing
                 this
                 custom
                 into
                 England
                 ,
                 our
                 English
                 Ancestors
                 (
                 as
                 in
                 a
                 multitude
                 of
                 other
                 words
                 )
                 changed
                 the
                 
                   Norman
                   G.
                
                 into
                 a
                 W.
                 and
                 so
                 made
                 Ward
                 for
                 Gard
                 ,
                 and
                 thereof
                 Wardship
                 for
                 Gardship
                 .
                 Yet
                 to
                 this
                 day
                 we
                 call
                 him
                 that
                 hath
                 the
                 custody
                 of
                 the
                 ward
                 ,
                 after
                 the
                 Norman
                 manner
                 his
                 Gardian
                 not
                 his
                 Warden
                 .
                 But
                 I
                 find
                 neither
                 
                   Ward
                   ,
                   Wardship
                
                 nor
                 Warden
                 ,
                 in
                 this
                 sense
                 ,
                 in
                 any
                 Saxon
                 Law
                 ,
                 Charter
                 ,
                 or
                 Manuscript
                 ,
                 or
                 any
                 thing
                 conducing
                 to
                 such
                 signification
                 :
                 The
                 proof
                 being
                 in
                 the
                 affirmative
                 lyeth
                 on
                 the
                 other
                 side
                 ,
                 yet
                 doth
                 not
                 the
                 Report
                 produce
                 one
                 single
                 Case
                 ,
                 Text
                 ,
                 or
                 Precedent
                 ,
                 to
                 maintain
                 their
                 assertion
                 ;
                 but
                 like
                 
                 Pythagoras's
                 Schollars
                 ,
                 resteth
                 wholly
                 upon
                 
                   Ipse
                   dixit
                
                 ,
                 such
                 and
                 such
                 have
                 said
                 it
                 ;
                 and
                 I
                 am
                 now
                 turn'd
                 over
                 to
                 those
                 Authors
                 .
              
               
                 
                 They
                 have
                 chosen
                 a
                 right
                 good
                 foreman
                 (
                 1
                 confess
                 )
                 
                   Mr.
                   Selden
                
                 ,
                 of
                 whom
                 I
                 say
                 as
                 she
                 in
                 Ovid
                 ,
                 
                   Nomine
                   in
                   Hectoreo
                   pallida
                   semper
                   eram
                   .
                
                 But
                 let
                 us
                 hear
                 what
                 he
                 affirms
                 ,
                 according
                 as
                 the
                 Report
                 conceiveth
                 him
                 ,
                 where
                 the
                 words
                 
                 be
                 thus
                 .
                 1
                 
                   That
                   Wardships
                   were
                   then
                   
                     (
                     viz.
                  
                   in
                   the
                   Saxon's
                   time
                   )
                   in
                   use
                   ,
                   and
                   not
                   brought
                   in
                   by
                   the
                   Normans
                   ,
                
                 as
                 Mr.
                 Cambden
                 in
                 his
                 Britt
                 .
                 179.
                 nor
                 by
                 Henry
                 III.
                 as
                 
                   Randolph
                   Hygden
                
                 ,
                 &c.
                 would
                 perswade
                 .
                 
                   Vid.
                   Selden's
                   notes
                   to
                   Fort●scue
                
                 ,
                 51.
                 
                 ▪
                 The
                 Report
                 says
                 Vide
                 ,
                 and
                 I
                 say
                 audi
                 .
                 Mr.
                 Selden
                 to
                 confute
                 this
                 opinion
                 attributed
                 to
                 
                   Rand.
                   Hygden
                
                 useth
                 these
                 words
                 .
                 
                   Neither
                   is
                   the
                   custom
                   of
                   Wardship
                   so
                   new
                   as
                   
                     R.
                     Hygden
                  
                   in
                   his
                   Polycronicon
                   ,
                   or
                   rather
                   some
                   others
                   not
                   understanding
                   him
                   ,
                   ignorantly
                   make
                   it
                   ,
                   by
                   supposing
                   the
                   beginning
                   of
                   it
                   here
                   under
                   Hen.
                   III.
                   clearly
                   Wardships
                   were
                   before
                   or
                   from
                   the
                   Normans
                   at
                   least
                   .
                
                 Thus
                 Mr.
                 Selden
                 .
                 There
                 may
                 be
                 some
                 amphiboly
                 in
                 the
                 word
                 before
                 ,
                 as
                 doubtful
                 whether
                 it
                 shall
                 relate
                 to
                 the
                 Normans
                 or
                 to
                 Hen.
                 III.
                 but
                 the
                 occasion
                 of
                 his
                 speech
                 is
                 to
                 confute
                 the
                 opinion
                 of
                 them
                 that
                 did
                 attribute
                 the
                 beginning
                 of
                 Wardships
                 to
                 Hen.
                 III.
                 saying
                 ,
                 that
                 clearly
                 they
                 were
                 before
                 ,
                 and
                 tho'
                 he
                 determineth
                 not
                 how
                 long
                 before
                 ,
                 yet
                 he
                 concludeth
                 that
                 from
                 the
                 Normans
                 at
                 least
                 ,
                 citing
                 Glanvill
                 to
                 shew
                 they
                 were
                 in
                 use
                 in
                 Hen.
                 II's
                 time
                 ,
                 and
                 the
                 
                   Grand
                   Custumer
                
                 of
                 Normandy
                 to
                 fetch
                 them
                 higher
                 than
                 so
                 from
                 the
                 Normans
                 ,
                 who
                 (
                 by
                 the
                 opinion
                 of
                 Berhault
                 that
                 writ
                 the
                 Commentary
                 to
                 that
                 Custumary
                 )
                 did
                 first
                 bring
                 them
                 into
                 England
                 .
                 Mr.
                 Selden
                 (
                 God
                 be
                 thanked
                 )
                 is
                 living
                 to
                 explain
                 himself
                 ,
                 and
                 I
                 find
                 (
                 by
                 chance
                 )
                 where
                 he
                 hath
                 done
                 it
                 fully
                 .
                 His
                 words
                 in
                 the
                 
                   Titles
                   of
                   Honour
                
                 be
                 thus
                 ,
                 
                   2
                   These
                   kind
                   of
                   Military
                   Fiess
                   or
                   Fees
                   as
                   we
                   now
                   have
                   ,
                   were
                   not
                   till
                   the
                   Normans
                   ,
                   with
                   whom
                   the
                   customs
                   of
                   Wardship
                   in
                   Chivalry
                   (
                   they
                   began
                   not
                   under
                   Hen.
                   III.
                   as
                   most
                   ignorantly
                   
                     R.
                     Hygden
                  
                   the
                   monk
                   of
                   Chester
                   and
                   Polydore
                   tells
                   you
                   )
                   came
                   into
                   England
                   .
                
                 And
                 speaking
                 by
                 and
                 by
                 of
                 Malcolm
                 second
                 King
                 of
                 Scotland
                 ,
                 who
                 dyed
                 about
                 twenty
                 two
                 years
                 before
                 the
                 Conquest
                 ,
                 he
                 saith
                 :
                 
                   But
                   in
                   this
                   Malcolme's
                   time
                   ,
                   Wardships
                   were
                   not
                   at
                   all
                   in
                   England
                   .
                
                 Thus
                 ,
                 Mr.
                 Selden
                 ,
                 whom
                 they
                 so
                 often
                 press
                 against
                 me
                 out
                 of
                 ambiguous
                 places
                 ,
                 is
                 clearly
                 with
                 me
                 .
              
               
                 
                 Their
                 next
                 Authority
                 to
                 prove
                 Wardships
                 to
                 have
                 been
                 in
                 use
                 amongst
                 the
                 Saxons
                 ,
                 is
                 (
                 saith
                 the
                 Report
                 )
                 that
                 amongst
                 the
                 priviledges
                 granted
                 by
                 Edw.
                 the
                 Confessour
                 to
                 the
                 
                   Cinque
                   Ports
                
                 we
                 meet
                 with
                 this
                 ,
                 
                   That
                   their
                   heirs
                   shall
                   not
                   be
                   in
                   Ward
                   .
                
                 For
                 this
                 they
                 cite
                 
                   Lambard's
                   Perambulation
                
                 of
                 
                   Kent
                   ,
                   p.
                
                 101.
                 but
                 I
                 demand
                 Oyer
                 of
                 the
                 Record
                 ,
                 and
                 I
                 verily
                 perswade
                 my self
                 
                   Nul
                   tiel
                   Recorde
                
                 ,
                 nor
                 in
                 truth
                 hath
                 Lambard
                 averr'd
                 that
                 there
                 is
                 .
                 Lambard's
                 3
                 words
                 be
                 these
                 ,
                 
                   The
                   priviledges
                   of
                   these
                   Ports
                   being
                   first
                   granted
                   by
                   Edw.
                   the
                   Confessour
                   and
                   William
                   the
                   Conqueror
                   ,
                   and
                   then
                   confirm'd
                   and
                   encreased
                   by
                   
                     William
                     Rufus
                     ,
                     Hen.
                  
                   II.
                   Rich.
                   I.
                   Hen.
                   III.
                   and
                   King
                   Edw.
                   the
                   first
                   ,
                   be
                   great
                   ,
                   &c.
                   
                
                 And
                 in
                 reciting
                 some
                 of
                 these
                 priviledges
                 ,
                 he
                 tells
                 us
                 amongst
                 the
                 rest
                 ,
                 
                   That
                   they
                   themselves
                   (
                   the
                   Inhabitants
                   of
                   the
                   
                     Cinque
                     Ports
                  
                   )
                   be
                   exempted
                   from
                   all
                   payments
                   of
                   Subsidies
                   ,
                   and
                   their
                   Heirs
                   
                     freed
                     from
                     Wardship
                     of
                     body
                     notwithstanding
                     any
                     Tenure
                     .
                  
                
                 He
                 doth
                 not
                 say
                 that
                 this
                 is
                 in
                 the
                 Charter
                 of
                 Edward
                 the
                 Confessor
                 ,
                 but
                 that
                 it
                 is
                 among
                 the
                 priviledges
                 granted
                 by
                 him
                 and
                 William
                 the
                 Conqueror
                 ,
                 and
                 then
                 confirm'd
                 and
                 encreas'd
                 by
                 the
                 succeeding
                 Kings
                 .
                 Doubtless
                 the
                 word
                 Subsidies
                 here
                 mention'd
                 in
                 this
                 sense
                 ,
                 was
                 not
                 in
                 use
                 either
                 in
                 the
                 Confessor
                 or
                 Conqueror's
                 time
                 ,
                 nor
                 in
                 many
                 years
                 after
                 till
                 Taxes
                 ,
                 Aids
                 ,
                 and
                 Tallages
                 were
                 grudged
                 at
                 and
                 restrain'd
                 .
                 I
                 am
                 therefore
                 confident
                 that
                 this
                 came
                 in
                 among
                 the
                 encreased
                 priviledges
                 afterward
                 ,
                 and
                 it
                 appeareth
                 that
                 Mr.
                 Lambard
                 was
                 not
                 perswaded
                 that
                 there
                 was
                 such
                 a
                 Charter
                 of
                 the
                 Confessor's
                 time
                 ,
                 and
                 therefore
                 waving
                 it
                 seeketh
                 the
                 original
                 of
                 the
                 priviledges
                 of
                 the
                 
                   Cinque
                   Ports
                
                 ,
                 no
                 further
                 than
                 the
                 Conqueror
                 .
                 Why
                 then
                 do
                 we
                 father
                 this
                 upon
                 the
                 Confessor
                 ,
                 especially
                 seeing
                 the
                 Charter
                 of
                 4
                 Anno
                 6.
                 
                 Edw.
                 I.
                 wherein
                 all
                 the
                 Charters
                 of
                 the
                 precedent
                 Kings
                 seem
                 to
                 be
                 mention'd
                 ,
                 that
                 of
                 Edw.
                 the
                 Confessor
                 is
                 not
                 spoken
                 of
                 .
              
               
                 
                 The
                 third
                 assertion
                 is
                 ,
                 that
                 in
                 the
                 customs
                 of
                 Kent
                 ,
                 (
                 5
                 which
                 are
                 in
                 
                   Magna
                   Charta
                
                 of
                 Tottil's
                 Edition
                 ,
                 and
                 in
                 Lambard's
                 Perambulation
                 )
                 there
                 is
                 a
                 rule
                 
                 for
                 the
                 Wardship
                 of
                 the
                 heir
                 in
                 Gavelkind
                 ,
                 and
                 that
                 he
                 shall
                 not
                 be
                 married
                 by
                 the
                 Lord.
                 And
                 those
                 customs
                 say
                 of
                 themselves
                 ,
                 that
                 they
                 were
                 
                   devant
                   le
                   Conqueste
                   ,
                   e
                   en
                   le
                   Conqueste
                   .
                
                 The
                 words
                 in
                 Lambard
                 be
                 
                   devant
                   le
                   Conqueste
                   ,
                   e
                   en
                   le
                   Conquest
                   ,
                   e
                   toutes
                   houres
                   ieskes
                   en
                   ca.
                
                 That
                 is
                 ,
                 before
                 the
                 Conquest
                 and
                 at
                 the
                 Conquest
                 ,
                 and
                 ever
                 since
                 till
                 now
                 :
                 which
                 word
                 (
                 now
                 )
                 relateth
                 to
                 the
                 2●
                 .
                 of
                 Edw.
                 I.
                 there
                 immediately
                 before
                 mention'd
                 .
                 And
                 to
                 save
                 the
                 credit
                 of
                 the
                 Author
                 ,
                 must
                 be
                 favourably
                 understood
                 to
                 be
                 meant
                 of
                 such
                 customs
                 ,
                 as
                 were
                 in
                 use
                 either
                 before
                 the
                 Conquest
                 ,
                 or
                 at
                 the
                 Conquest
                 ,
                 or
                 at
                 any
                 time
                 since
                 ,
                 in
                 the
                 disjunctive
                 not
                 in
                 the
                 aggregative
                 .
                 For
                 if
                 it
                 be
                 taken
                 conjunctively
                 ,
                 then
                 is
                 it
                 notoriously
                 false
                 ,
                 for
                 some
                 things
                 mention'd
                 in
                 it
                 had
                 their
                 original
                 under
                 Hen.
                 II.
                 as
                 the
                 Grand
                 Assize
                 ,
                 and
                 Justices
                 of
                 Eyer
                 1
                 ,
                 whereof
                 that
                 of
                 Eyer
                 was
                 not
                 instituted
                 ,
                 till
                 the
                 Council
                 (
                 or
                 Parliament
                 as
                 we
                 now
                 call
                 it
                 )
                 of
                 
                   Nottingham
                   ,
                   An.
                   Dom.
                
                 1176.
                 viz.
                 in
                 the
                 22.
                 or
                 23.
                 of
                 Hen.
                 II.
                 And
                 for
                 that
                 of
                 the
                 Grand
                 Assize
                 ,
                 it
                 is
                 expresly
                 said
                 in
                 the
                 customs
                 ,
                 that
                 it
                 was
                 granted
                 them
                 by
                 Hen.
                 III
                 2
                 .
                 Many
                 other
                 things
                 there
                 be
                 ,
                 as
                 
                   the
                   Office
                   of
                   the
                   Crowner
                
                 ,
                 the
                 
                   manner
                   of
                   Essoyning
                   ,
                   Writ
                   of
                   Cessavit
                   ,
                
                 &c.
                 which
                 I
                 suppose
                 was
                 never
                 heard
                 of
                 before
                 the
                 Conquest
                 .
                 But
                 if
                 you
                 mark
                 it
                 ,
                 the
                 words
                 in
                 question
                 ,
                 viz.
                 
                   devant
                   le
                   Conquest
                
                 ,
                 &c.
                 stand
                 in
                 Lambard
                 at
                 a
                 little
                 more
                 distance
                 than
                 the
                 lines
                 precedent
                 ,
                 as
                 if
                 himself
                 conceiv'd
                 them
                 not
                 to
                 belong
                 unto
                 the
                 text
                 of
                 customs
                 .
                 And
                 to
                 clear
                 the
                 doubt
                 in
                 the
                 elder
                 Edition
                 3
                 publish'd
                 by
                 Tottill
                 12.
                 
                 June
                 1556.
                 no
                 such
                 thing
                 is
                 mention'd
                 ;
                 but
                 if
                 it
                 were
                 ,
                 there
                 are
                 such
                 other
                 differences
                 in
                 their
                 copies
                 as
                 both
                 their
                 authorities
                 may
                 be
                 question'd
                 ,
                 and
                 I
                 in
                 the
                 mean
                 time
                 well
                 delivered
                 from
                 this
                 objection
                 .
                 Let
                 us
                 see
                 what
                 followeth
                 .
              
               
                 
                 Fourthly
                 ,
                 For
                 the
                 antiquity
                 of
                 Wardships
                 in
                 England
                 and
                 Scotland
                 .
                 "
                 See
                 also
                 (
                 says
                 the
                 Report
                 4
                 )
                 
                   Hector
                   Boet.
                   lib.
                
                 2.
                 
                 
                   Buchanan
                   rerum
                   Scot.
                   lib.
                
                 6.
                 and
                 the
                 laws
                 of
                 Malcome
                 II.
                 which
                 prove
                 the
                 antiquity
                 of
                 Wardships
                 in
                 Scotland
                 and
                 in
                 England
                 before
                 the
                 Conquest
                 5
                 .
                 For
                 in
                 those
                 times
                 it
                 is
                 probable
                 the
                 laws
                 of
                 both
                 Nations
                 did
                 not
                 much
                 differ
                 ;
                 as
                 for
                 the
                 times
                 after
                 ,
                 it
                 appears
                 they
                 did
                 not
                 ,
                 by
                 comparing
                 their
                 
                   Regiam
                   Majestatem
                
                 with
                 our
                 Glanvil
                 .
                 Neither
                 is
                 the
                 bare
                 conjecture
                 of
                 Sir
                 
                   Henry
                   Spelman
                
                 sufficient
                 to
                 take
                 away
                 the
                 force
                 of
                 those
                 laws
                 ,
                 
                   Vid.
                   Spelman's
                   Glossary
                   verbo
                   Feudum
                
                 .
                 Upon
                 all
                 this
                 (
                 saith
                 the
                 Report
                 )
                 they
                 (
                 the
                 Justices
                 of
                 Ireland
                 )
                 did
                 conclude
                 and
                 proceed
                 to
                 sentence
                 .
                 "
                 With
                 the
                 sentence
                 (
                 as
                 a
                 sacred
                 thing
                 )
                 I
                 will
                 not
                 meddle
                 .
                 But
                 as
                 touching
                 that
                 part
                 of
                 this
                 argument
                 which
                 —
                 
                   In
                   nostros
                   fabricata
                   est
                   machina
                   muros
                
                 —
                 I
                 'm
                 tyed
                 either
                 to
                 answer
                 or
                 to
                 submit
                 .
                 For
                 
                   Hector
                   Boethius
                
                 therefore
                 ,
                 I
                 confess
                 
                 the
                 place
                 to
                 be
                 truly
                 alledg'd
                 ,
                 (
                 and
                 that
                 hitherto
                 hath
                 seldom
                 happened
                 )
                 but
                 for
                 the
                 credit
                 of
                 that
                 Author
                 I
                 wish
                 Leland
                 were
                 alive
                 to
                 deliver
                 the
                 censure
                 he
                 hath
                 left
                 upon
                 him
                 with
                 his
                 own
                 mouth
                 :
                 I
                 forbear
                 it
                 .
                 True
                 it
                 is
                 ,
                 he
                 relateth
                 that
                 Malcolm
                 II.
                 gave
                 all
                 his
                 lands
                 well
                 nigh
                 unto
                 his
                 Nobility
                 in
                 reward
                 of
                 their
                 service
                 ,
                 and
                 that
                 they
                 in
                 thankfulness
                 to
                 support
                 his
                 dignity
                 ,
                 regranted
                 unto
                 him
                 ,
                 
                   Vardam
                   ,
                   Desponsationem
                   ,
                   &
                   releviam
                   al.
                   relevatam
                   ,
                
                 Wardship
                 ,
                 and
                 Marriage
                 of
                 their
                 Heirs
                 within
                 age
                 ,
                 and
                 Relief
                 of
                 those
                 of
                 full
                 age
                 .
                 The
                 Paragraph
                 there
                 is
                 long
                 ,
                 but
                 to
                 the
                 effect
                 we
                 spoke
                 of
                 .
                 It
                 is
                 also
                 true
                 that
                 Buchanan
                 doth
                 report
                 the
                 like
                 ,
                 and
                 since
                 him
                 Cameraris
                 ,
                 and
                 a
                 little
                 before
                 them
                 all
                 
                   Johannes
                   Major
                
                 ;
                 but
                 all
                 their
                 harping
                 is
                 from
                 the
                 sound
                 of
                 one
                 string
                 ,
                 which
                 in
                 the
                 Report
                 is
                 not
                 left
                 unstrain'd
                 ,
                 
                   i.
                   e.
                
                 the
                 laws
                 of
                 Malcolme
                 before
                 mention'd
                 ,
                 where
                 it
                 is
                 said
                 ,
                 that
                 
                   ad
                   montem
                   placiti
                   in
                   Villa
                   de
                   Scona
                   omnes
                   Barones
                   concesserunt
                   sibi
                   Wardam
                   ,
                   &
                   Releviam
                   de
                   Haerede
                   cujuscunque
                   Baronis
                   defuncti
                   ad
                   sustentationem
                   Domini
                   Regis
                   .
                
                 Which
                 ,
                 because
                 they
                 concern
                 a
                 noble
                 Kindom
                 ,
                 and
                 have
                 been
                 receiv'd
                 as
                 authentical
                 by
                 an
                 ancient
                 Parliament
                 ,
                 I
                 will
                 not
                 presume
                 to
                 contradict
                 it
                 .
                 But
                 I
                 humbly
                 offer
                 to
                 the
                 consideration
                 of
                 the
                 Learned
                 of
                 that
                 Kingdom
                 ,
                 and
                 to
                 those
                 of
                 ours
                 and
                 theirs
                 that
                 are
                 conversant
                 in
                 Antiquities
                 ,
                 these
                 particulars
                 following
                 .
              
               
               
                 
                 First
                 ,
                 It
                 being
                 agreed
                 (
                 which
                 the
                 Scots
                 affirm
                 )
                 that
                 Malcolm
                 II.
                 began
                 his
                 reign
                 in
                 the
                 year
                 1004.
                 
                   (
                   i.
                   e.
                
                 above
                 60.
                 years
                 before
                 the
                 Normans
                 Conquer'd
                 England
                 )
                 how
                 it
                 cometh
                 to
                 pass
                 that
                 Malcolm
                 useth
                 so
                 many
                 Norman
                 words
                 in
                 his
                 Scottish
                 Laws
                 ,
                 and
                 whether
                 those
                 words
                 be
                 found
                 in
                 any
                 other
                 monument
                 there
                 before
                 :
                 for
                 in
                 England
                 it
                 was
                 not
                 so
                 .
              
               
                 Secondly
                 ,
                 Whether
                 their
                 Kings
                 then
                 had
                 not
                 only
                 a
                 Seal
                 but
                 
                   magnum
                   sigillum
                
                 in
                 the
                 custody
                 of
                 the
                 Chancellor
                 ,
                 and
                 set-fees
                 appointed
                 for
                 the
                 use
                 of
                 it
                 ;
                 for
                 in
                 England
                 it
                 was
                 not
                 so
                 ,
                 tho
                 ▪
                 Edward
                 the
                 Confessour
                 had
                 a
                 Seal
                 after
                 Malcolm's
                 time
                 .
              
               
                 Thirdly
                 ,
                 Whether
                 they
                 had
                 
                   brevia
                   clausa
                   in
                   cera
                
                 ,
                 and
                 other
                 ordinary
                 instruments
                 seal'd
                 
                   cum
                   magno
                   sigillo
                
                 ,
                 and
                 fees
                 appointed
                 for
                 it
                 ;
                 for
                 in
                 England
                 it
                 was
                 not
                 so
                 .
              
               
                 Fourthly
                 ,
                 Whether
                 they
                 had
                 solemn
                 presentations
                 to
                 Churches
                 and
                 Hospitals
                 under
                 Seals
                 in
                 that
                 manner
                 ;
                 for
                 this
                 was
                 long
                 before
                 the
                 Council
                 of
                 Lateran
                 .
              
               
                 Fifthly
                 ,
                 Whether
                 they
                 had
                 then
                 the
                 names
                 of
                 Barons
                 ,
                 
                   Seneschallus
                   ,
                   Constabularius
                   ,
                   Mareschallus
                
                 ,
                 (
                 not
                 in
                 use
                 in
                 England
                 in
                 the
                 time
                 of
                 the
                 Confessour
                 )
                 as
                 appeareth
                 ,
                 for
                 the
                 two
                 latter
                 ,
                 by
                 the
                 Appendix
                 to
                 the
                 Confessours
                 laws
                 1
                 ;
                 and
                 for
                 their
                 Seneschallus
                 called
                 their
                 Steward
                 ,
                 Buchanan
                 2
                 says
                 he
                 was
                 brought
                 in
                 by
                 Malcolm
                 III.
                 into
                 Scotland
                 .
              
               
                 Sixthly
                 ,
                 Whether
                 the
                 Norman
                 Officers
                 of
                 
                   Justiciarius
                   ,
                   Vicecomes
                   ,
                   Coronator
                   ,
                   Ballivus
                   ,
                
                 &c.
                 were
                 then
                 in
                 use
                 by
                 any
                 other
                 proof
                 than
                 by
                 or
                 from
                 these
                 laws
                 ;
                 &
                 
                   sic
                   de
                   caeteris
                
                 .
              
               
                 Many
                 other
                 things
                 I
                 pretermit
                 ,
                 and
                 take
                 no
                 exception
                 to
                 the
                 frequent
                 mention
                 of
                 Pounds
                 and
                 Shillings
                 ,
                 tho'
                 I
                 know
                 they
                 were
                 scarce
                 with
                 them
                 in
                 Scotland
                 ;
                 as
                 not
                 abundant
                 then
                 in
                 England
                 ,
                 but
                 paid
                 in
                 Truck
                 and
                 Cattel
                 .
                 
                 But
                 I
                 admit
                 that
                 which
                 the
                 Report
                 saith
                 ,
                 that
                 in
                 those
                 times
                 it
                 is
                 probable
                 the
                 laws
                 of
                 both
                 Nations
                 did
                 not
                 much
                 differ
                 .
                 As
                 for
                 the
                 times
                 after
                 ,
                 it
                 appeareth
                 they
                 did
                 not
                 ,
                 by
                 comparing
                 their
                 
                   Regiam
                   Majestatem
                
                 with
                 our
                 Glanvil
                 .
                 They
                 run
                 much
                 (
                 I
                 confess
                 )
                 
                   paribus
                   vestigiis
                
                 ,
                 and
                 oftentimes
                 
                   totidem
                   verbis
                   ,
                   iisdem
                   paragraphis
                
                 .
                 Whether
                 of
                 them
                 leads
                 or
                 follows
                 the
                 other
                 ,
                 I
                 dare
                 not
                 define
                 ,
                 and
                 am
                 loath
                 to
                 dispute
                 .
                 The
                 Preface
                 to
                 the
                 
                   Regia
                   Majestas
                
                 sheweth
                 it
                 to
                 be
                 written
                 at
                 the
                 command
                 of
                 King
                 David
                 ;
                 whom
                 Skeneus
                 in
                 his
                 Annotations
                 calleth
                 the
                 first
                 ,
                 and
                 saith
                 ,
                 he
                 began
                 to
                 reign
                 Anno
                 1124.
                 
                   i.
                   e.
                
                 24.
                 or
                 25.
                 of
                 Hen.
                 I.
                 And
                 't
                 is
                 certain
                 that
                 our
                 Glanvil
                 was
                 not
                 written
                 till
                 the
                 time
                 of
                 Hen.
                 II.
                 who
                 began
                 not
                 to
                 reign
                 till
                 1154.
                 so
                 that
                 if
                 this
                 be
                 true
                 ,
                 it
                 must
                 needs
                 follow
                 that
                 we
                 took
                 a
                 great
                 part
                 of
                 the
                 modell
                 of
                 our
                 laws
                 ,
                 or
                 at
                 least
                 the
                 expression
                 of
                 them
                 ,
                 from
                 the
                 Scots
                 ,
                 (
                 which
                 our
                 Ancestors
                 never
                 yet
                 acknowledg'd
                 )
                 .
                 It
                 may
                 perhaps
                 fall
                 out
                 (
                 upon
                 better
                 examination
                 )
                 that
                 David
                 I.
                 may
                 be
                 mistaken
                 for
                 David
                 II.
                 But
                 for
                 the
                 part
                 of
                 Malcolm
                 II's
                 laws
                 ,
                 which
                 speak
                 of
                 
                   Wardship
                   ,
                   Marriage
                
                 and
                 Relief
                 in
                 Scotland
                 at
                 that
                 time
                 ,
                 to
                 have
                 risen
                 from
                 their
                 own
                 Nobility
                 ;
                 Buchanan
                 himself
                 recedeth
                 from
                 that
                 opinion
                 ,
                 and
                 concludes
                 ,
                 
                   Hun●
                   morem
                   ab
                   Anglis
                   &
                   Danis
                   potius
                   acceptum
                   credo
                   :
                   quod
                   in
                   tota
                   Anglia
                   &
                   parte
                   Normanniae
                   adhuc
                   perseveret
                   .
                
                 And
                 Demster
                 himself
                 ,
                 their
                 greatest
                 Antiquary
                 ,
                 ingeniously
                 consesseth
                 ,
                 that
                 there
                 were
                 no
                 Barons
                 in
                 Scotland
                 till
                 Malcolm
                 III.
                 created
                 them
                 .
                 And
                 he
                 might
                 well
                 take
                 his
                 precedent
                 from
                 the
                 Conquerour
                 ,
                 for
                 he
                 liv'd
                 all
                 the
                 time
                 of
                 the
                 Conquerour
                 ,
                 and
                 about
                 seven
                 years
                 after
                 :
                 so
                 that
                 if
                 there
                 were
                 no
                 Barons
                 in
                 Scotland
                 in
                 the
                 time
                 of
                 Malcolm
                 II.
                 as
                 Demster
                 affirmeth
                 ,
                 or
                 the
                 precedent
                 taken
                 out
                 of
                 England
                 for
                 Wardship
                 ,
                 as
                 Buchanan
                 believeth
                 :
                 then
                 could
                 not
                 this
                 law
                 be
                 made
                 in
                 Malcolm
                 II's
                 .
                 time
                 ,
                 but
                 seemeth
                 rather
                 (
                 by
                 both
                 their
                 opinions
                 )
                 to
                 be
                 ascrib'd
                 to
                 Malcolm
                 III.
                 and
                 that
                 the
                 error
                 hath
                 risen
                 (
                 as
                 easily
                 it
                 may
                 )
                 in
                 writing
                 II.
                 for
                 III.
                 But
                 in
                 the
                 mean
                 time
                 all
                 this
                 makes
                 no
                 proof
                 against
                 me
                 .
              
            
             
               
               
                 CHAP.
                 XV.
                 
              
               
                 No
                 Marriage
                 of
                 Wards
                 .
              
               
                 
                 AS
                 for
                 Marriage
                 ,
                 it
                 is
                 here
                 and
                 in
                 some
                 other
                 places
                 mention'd
                 by
                 the
                 Report
                 ,
                 but
                 not
                 a
                 word
                 any
                 where
                 to
                 prove
                 that
                 it
                 belonged
                 to
                 the
                 Lord
                 in
                 the
                 Saxon
                 time
                 .
                 I
                 will
                 help
                 them
                 with
                 what
                 I
                 meet
                 in
                 the
                 old
                 MS.
                 Book
                 of
                 Ramsey
                 ,
                 Sect.
                 120.
                 where
                 it
                 is
                 said
                 ,
                 that
                 one
                 Edwine
                 son
                 of
                 Othulf
                 gave
                 five
                 hides
                 of
                 land
                 to
                 Archbishop
                 
                   Odo
                   ,
                   Pro
                   eo
                   quod
                   Regem
                   Edredum
                   inflexerat
                   ,
                   ut
                   ei
                   liceret
                   filiam
                   cujusdam
                   viri
                   Vlfi
                   quem
                   concupiverat
                   ,
                   maritali
                   sibi
                   foedere
                   copulare
                   .
                
                 Here
                 it
                 appeareth
                 that
                 the
                 King's
                 Licence
                 or
                 good
                 will
                 was
                 sought
                 ,
                 but
                 the
                 reason
                 appeareth
                 not
                 .
                 The
                 good
                 will
                 of
                 King
                 Solomon
                 was
                 
                 sought
                 that
                 Abishag
                 might
                 be
                 given
                 to
                 Adoniah
                 for
                 his
                 wife
                 ,
                 but
                 not
                 in
                 respect
                 of
                 Tenure
                 in
                 either
                 case
                 .
                 It
                 is
                 an
                 express
                 law
                 of
                 King
                 
                   Canutus
                   (
                   Ll.
                
                 72.
                 )
                 ne
                 nyde
                 man
                 naðer
                 ƿif
                 ne
                 maeden
                 ,
                 &c.
                 
                 
                   That
                   no
                   man
                   should
                   constrain
                   either
                   woman
                   or
                   maid
                   to
                   marry
                   otherwise
                   than
                   where
                   they
                   will
                   ,
                   nor
                   shall
                   take
                   any
                   mony
                   for
                   them
                   ,
                   unless
                   by
                   way
                   of
                   thankfulness
                   some
                   do
                   give
                   somewhat
                   .
                
                 If
                 these
                 passages
                 carry
                 any
                 shew
                 of
                 Wardship
                 ,
                 I
                 must
                 still
                 let
                 you
                 know
                 that
                 
                   Knights
                   Fees
                
                 were
                 not
                 at
                 this
                 time
                 descendable
                 unto
                 Women
                 by
                 the
                 Feudal
                 law
                 ,
                 no
                 nor
                 long
                 after
                 ,
                 when
                 they
                 were
                 become
                 hereditary
                 in
                 the
                 masculine
                 line
                 ,
                 
                   Ne
                   à
                   Lancea
                   ad
                   fusum
                   haereditas
                   pertransiret
                   ,
                
                 as
                 you
                 may
                 see
                 by
                 
                   Cujacius
                   in
                   feud
                   .
                   Lib.
                
                 1.
                 
                 Tit.
                 1.
                 
              
               
                 
                 The
                 first
                 law
                 that
                 I
                 meet
                 with
                 touching
                 
                   Feudal
                   marriages
                
                 is
                 in
                 
                   Magna
                   Charta
                   Libertatum
                   Hen.
                
                 I.
                 yet
                 is
                 there
                 nothing
                 spoken
                 of
                 marrying
                 the
                 heir
                 male
                 of
                 the
                 Kings
                 Tenant
                 within
                 age
                 .
                 And
                 touching
                 the
                 female
                 issue
                 it
                 is
                 only
                 provided
                 ,
                 that
                 the
                 King
                 should
                 be
                 so
                 far
                 acquainted
                 with
                 their
                 marriage
                 ,
                 as
                 that
                 he
                 might
                 be
                 assur'd
                 they
                 should
                 not
                 marry
                 with
                 his
                 enemies
                 ,
                 lest
                 the
                 feuds
                 or
                 feifs
                 which
                 were
                 given
                 for
                 service
                 against
                 them
                 ,
                 should
                 by
                 this
                 occasion
                 be
                 transferr'd
                 to
                 them
                 .
                 Hear
                 the
                 words
                 of
                 the
                 Charter
                 .
                 
                   Et
                   si
                   quis
                   Baronum
                   meorum
                   ,
                   vel
                   aliorum
                   hominum
                   meorum
                   siliam
                   suam
                   nuptui
                   tradere
                   voluerit
                   ,
                   sive
                   sororem
                   suam
                   ,
                   sive
                   neptem
                   ,
                   sive
                   cognatam
                   ,
                   mecum
                   inde
                   loquatur
                   ;
                   sed
                   nec
                   ego
                   aliquid
                   de
                   suo
                   pro
                   hac
                   licentia
                   accipiam
                   ,
                   nec
                   defendam
                   ei
                   quin
                   eam
                   det
                   ,
                   excepto
                   si
                   eam
                   velit
                   jungere
                   meo
                   inimico
                   .
                   Et
                   si
                   mortuo
                   Barone
                   vel
                   alio
                   homine
                   meo
                   ,
                   filia
                   haeres
                   remanserit
                   ,
                   &
                   sine
                   liberis
                   fuerit
                   ,
                   dotem
                   suam
                   &
                   maritationem
                   habebit
                   ,
                   &
                   eam
                   non
                   dabo
                   marito
                   ,
                   nisi
                   secundum
                   velle
                   suum
                   ,
                
                 &c.
                 
                 Ordaining
                 ,
                 that
                 the
                 Wife
                 shall
                 be
                 Guardian
                 of
                 the
                 Childrens
                 lands
                 ,
                 or
                 some
                 near
                 kinsman
                 ,
                 
                   qui
                   justus
                   esse
                   debet
                
                 ;
                 and
                 that
                 other
                 Lords
                 observe
                 the
                 like
                 courses
                 touching
                 their
                 Wards
                 .
              
               
                 Thus
                 among
                 the
                 Normans
                 :
                 but
                 I
                 don't
                 find
                 in
                 all
                 the
                 
                   Feodal
                   law
                
                 of
                 these
                 times
                 ,
                 any
                 thing
                 sounding
                 to
                 this
                 purpose
                 ,
                 nor
                 any
                 mention
                 of
                 Marriage
                 or
                 Wardship
                 of
                 the
                 body
                 or
                 lands
                 .
                 I
                 take
                 them
                 therefore
                 to
                 have
                 risen
                 from
                 the
                 Normans
                 a
                 little
                 before
                 their
                 coming
                 into
                 England
                 ,
                 but
                 in
                 a
                 diverse
                 manner
                 ,
                 according
                 to
                 the
                 diversity
                 of
                 the
                 places
                 ,
                 and
                 the
                 moderate
                 or
                 covetous
                 disposition
                 of
                 the
                 Lords
                 .
                 For
                 it
                 seemeth
                 that
                 tho'
                 the
                 profits
                 of
                 the
                 land
                 belong'd
                 wholly
                 to
                 the
                 Lord
                 ,
                 and
                 were
                 therefore
                 ordinarily
                 so
                 taken
                 by
                 him
                 :
                 yet
                 some
                 of
                 the
                 Lords
                 deducting
                 only
                 the
                 charge
                 of
                 Education
                 of
                 the
                 Ward
                 ,
                 and
                 just
                 allowances
                 ,
                 restor'd
                 him
                 his
                 lands
                 at
                 full
                 age
                 ,
                 with
                 the
                 surplusage
                 upon
                 accompt
                 .
                 And
                 the
                 Grantee
                 of
                 a
                 Wardship
                 from
                 the
                 King
                 ,
                 was
                 in
                 Normandy
                 tyed
                 to
                 do
                 it
                 ,
                 as
                 appeareth
                 by
                 the
                 215.
                 
                 Artic.
                 of
                 the
                 reformed
                 Customes
                 ;
                 for
                 otherwise
                 they
                 were
                 not
                 Guardians
                 properly
                 and
                 
                   Tutores
                   rei
                   pupillaris
                
                 ,
                 but
                 fructuarii
                 rather
                 ,
                 and
                 
                   suum
                   promoventes
                   commodum
                
                 .
                 See
                 the
                 Comment
                 to
                 that
                 Article
                 .
              
               
               
                 
                 So
                 in
                 point
                 of
                 
                   Feodal
                   marriage
                
                 ,
                 it
                 seemeth
                 that
                 the
                 Charter
                 of
                 Henry
                 I.
                 was
                 grounded
                 upon
                 the
                 Norman
                 Custom
                 ,
                 which
                 ,
                 tho
                 it
                 required
                 the
                 consent
                 of
                 the
                 Lord
                 in
                 tendring
                 of
                 Marriage
                 to
                 Women
                 (
                 for
                 the
                 reason
                 aforesaid
                 )
                 yet
                 did
                 it
                 not
                 permit
                 either
                 him
                 or
                 the
                 kindred
                 or
                 friends
                 (
                 whom
                 they
                 called
                 the
                 parents
                 )
                 to
                 make
                 it
                 venal
                 ,
                 or
                 to
                 take
                 any
                 thing
                 for
                 the
                 same
                 ,
                 as
                 you
                 may
                 see
                 by
                 divers
                 passages
                 there
                 ,
                 and
                 by
                 a
                 case
                 adjudged
                 in
                 the
                 Comment
                 to
                 the
                 228.
                 
                 Article
                 ,
                 where
                 the
                 Tutor
                 or
                 Guardian
                 and
                 the
                 Parents
                 and
                 Friends
                 thus
                 offending
                 ,
                 are
                 all
                 condemn'd
                 to
                 pay
                 costs
                 and
                 damages
                 .
                 And
                 note
                 ,
                 that
                 according
                 to
                 the
                 Norman
                 custom
                 1
                 )
                 the
                 consent
                 of
                 the
                 
                   Parents
                   ,
                   (
                   viz.
                
                 the
                 next
                 kindred
                 and
                 friends
                 )
                 was
                 as
                 requisite
                 as
                 the
                 consent
                 of
                 the
                 Lord
                 or
                 Tutor
                 ,
                 which
                 ,
                 as
                 I
                 conceive
                 ,
                 gave
                 the
                 occasion
                 of
                 the
                 words
                 
                   Si
                   parentes
                   conquerantur
                
                 ,
                 in
                 the
                 Statute
                 of
                 Merton
                 2
                 ,
                 as
                 in
                 respect
                 of
                 the
                 ancient
                 right
                 they
                 had
                 in
                 consenting
                 to
                 the
                 Marriage
                 .
              
               
                 And
                 insomuch
                 as
                 we
                 don't
                 find
                 that
                 the
                 various
                 usages
                 touching
                 Wardship
                 and
                 Marriage
                 ,
                 were
                 compos'd
                 into
                 an
                 uniform
                 law
                 till
                 
                   Magna
                   Charta
                   Henr.
                
                 III.
                 did
                 determine
                 it
                 ,
                 it
                 may
                 be
                 conceiv'd
                 to
                 have
                 been
                 the
                 reason
                 that
                 
                   Rand.
                   Higden
                
                 before
                 mention'd
                 and
                 our
                 other
                 Authors
                 ,
                 did
                 ascribe
                 this
                 part
                 of
                 our
                 
                   Feodal
                   Law
                
                 to
                 be
                 introduced
                 by
                 Henry
                 III.
                 But
                 it
                 is
                 manifest
                 by
                 Glanvil
                 that
                 it
                 was
                 in
                 use
                 in
                 Henry
                 II's
                 time
                 :
                 and
                 by
                 the
                 Charter
                 of
                 Henry
                 I.
                 to
                 have
                 been
                 so
                 likewise
                 under
                 
                   William
                   Rufus
                
                 ;
                 yet
                 is
                 there
                 nothing
                 hitherto
                 any
                 way
                 produc'd
                 to
                 bring
                 it
                 from
                 the
                 Saxons
                 ,
                 or
                 to
                 shew
                 it
                 to
                 have
                 been
                 in
                 use
                 amongst
                 them
                 .
              
            
             
               
                 CHAP.
                 XVI
                 .
              
               
                 No
                 Livery
                 ,
                 no
                 Primer
                 Seisin
                 .
              
               
                 
                 IF
                 the
                 King's
                 
                   Tenant
                   in
                   capite
                
                 or
                 by
                 Knight-service
                 dieth
                 ,
                 the
                 King
                 shall
                 have
                 his
                 lands
                 till
                 the
                 heir
                 hath
                 done
                 homage
                 ;
                 which
                 if
                 he
                 be
                 of
                 full
                 age
                 ,
                 he
                 may
                 do
                 presently
                 :
                 but
                 if
                 he
                 be
                 under
                 age
                 the
                 land
                 must
                 continue
                 in
                 the
                 King's
                 hands
                 till
                 his
                 full
                 age
                 .
                 And
                 when
                 either
                 the
                 one
                 or
                 the
                 other
                 sueth
                 to
                 have
                 it
                 out
                 of
                 the
                 King's
                 hands
                 ,
                 his
                 obtaining
                 it
                 is
                 called
                 Livery
                 ,
                 and
                 the
                 profits
                 receiv'd
                 in
                 the
                 mean
                 time
                 by
                 the
                 King
                 ,
                 are
                 call'd
                 his
                 
                   Primer
                   Seisin
                
                 .
                 But
                 neither
                 of
                 these
                 could
                 be
                 among
                 the
                 Saxons
                 ,
                 for
                 that
                 their
                 
                   hereditary
                   lands
                
                 were
                 not
                 Feodal
                 ,
                 but
                 
                   libera
                   ab
                   omni
                   gravedine
                
                 ,
                 (
                 as
                 before
                 we
                 have
                 shew'd
                 .
                 )
                 And
                 their
                 
                   temporary
                   lands
                
                 could
                 not
                 be
                 subject
                 to
                 it
                 ,
                 for
                 that
                 their
                 Estate
                 extended
                 no
                 farther
                 then
                 to
                 a
                 
                   Franck
                   Tenement
                
                 .
                 And
                 neither
                 the
                 one
                 or
                 the
                 other
                 was
                 then
                 tyed
                 to
                 do
                 Homage
                 ,
                 as
                 shall
                 appear
                 when
                 we
                 speak
                 of
                 Homage
                 .
              
               
                 After
                 the
                 coming
                 of
                 the
                 Normans
                 they
                 were
                 presently
                 afoot
                 amongst
                 us
                 ,
                 even
                 in
                 William
                 Rufus's
                 days
                 ,
                 but
                 uncertain
                 and
                 irregular
                 ;
                 which
                 was
                 a
                 certain
                 note
                 of
                 their
                 novelty
                 ,
                 and
                 that
                 
                   Feuds
                   hereditary
                
                 were
                 new
                 begun
                 .
                 The
                 great
                 
                   Charter
                   of
                   Liberties
                
                 granted
                 by
                 Henry
                 I.
                 implyeth
                 as
                 much
                 :
                 where
                 to
                 moderate
                 them
                 ,
                 the
                 King
                 saith
                 thus
                 ,
                 
                   Si
                   quis
                   Baronum
                   meorum
                   seu
                   Comitum
                   sive
                   aliorum
                   qui
                   de
                   me
                   tenent
                   ,
                   mortuus
                   fuerit
                   ,
                   haeres
                   suus
                   non
                   redimet
                   terram
                   suam
                   sicut
                   faciebat
                   tempore
                   fratris
                   mei
                   ,
                   sed
                   legitima
                   &
                   justa
                   relevatione
                   relevabit
                   eam
                   .
                   Similiter
                   &
                   homines
                   Baronum
                   meorum
                   justa
                   &
                   legitima
                   relevatione
                   relevabunt
                   terras
                   suas
                   de
                   Dominis
                   suis
                   .
                
                 I
                 take
                 this
                 redeeming
                 of
                 the
                 land
                 out
                 of
                 the
                 King's
                 hands
                 ,
                 to
                 be
                 a
                 Composition
                 for
                 his
                 
                   Primer
                   Seisin
                
                 ,
                 and
                 for
                 the
                 Livery
                 and
                 Relief
                 ,
                 things
                 uncertain
                 at
                 this
                 time
                 even
                 in
                 their
                 Norman
                 appellations
                 ,
                 and
                 not
                 likely
                 therefore
                 to
                 be
                 known
                 unto
                 the
                 Saxons
                 .
              
            
             
               
               
                 CHAP.
                 XVII
                 .
              
               
                 That
                 Reliefs
                 (
                 whereon
                 the
                 Report
                 most
                 relyeth
                 )
                 were
                 not
                 in
                 use
                 among
                 the
                 Saxons
                 ;
                 nor
                 like
                 their
                 Heriots
                 .
              
               
                 
                 OF
                 all
                 the
                 
                   Feodal
                   profits
                
                 alledged
                 in
                 the
                 Report
                 to
                 be
                 receiv'd
                 by
                 the
                 Saxons
                 ,
                 it
                 casteth
                 anchor
                 chiefly
                 on
                 Reliefs
                 ,
                 as
                 a
                 thing
                 most
                 evident
                 and
                 unanswerable
                 :
                 the
                 rest
                 (
                 save
                 Wardship
                 )
                 it
                 scarcely
                 fortifieth
                 with
                 a
                 breath
                 besides
                 the
                 bare
                 assertion
                 .
                 This
                 it
                 saith
                 was
                 common
                 ;
                 and
                 in
                 pursuit
                 thereof
                 1
                 addeth
                 these
                 words
                 .
                 
                   For
                   Reliefs
                   ,
                   we
                   have
                   full
                   testimony
                   in
                   the
                   Reliefs
                   of
                   their
                   Earls
                   and
                   Thanes
                   ,
                   for
                   which
                   see
                   the
                   laws
                   of
                   King
                   Canutus
                   ,
                   Cap.
                   68
                   ,
                   and
                   69.
                   the
                   laws
                   of
                   Edw.
                   the
                   Confessor
                   ,
                   
                     cap.
                     de
                     Heretochiis
                  
                   ,
                   and
                   what
                   out
                   of
                   the
                   book
                   of
                   
                     Doomsday
                     Coke
                  
                   hath
                   in
                   his
                   Instit
                   .
                   Sect.
                   103.
                   
                   Camden
                   in
                   
                     Berkshire
                     ,
                     Selden
                  
                   in
                   Eadmer
                   .
                   154.
                   
                   Great
                   authorities
                   ;
                   
                     secumque
                     Deos
                     in
                     praelia
                     ducunt
                  
                   .
                
                 We
                 must
                 not
                 meddle
                 with
                 them
                 all
                 at
                 once
                 ,
                 let
                 us
                 try
                 them
                 singly
                 .
                 The
                 law
                 cited
                 out
                 of
                 Canutus
                 is
                 in
                 these
                 words
                 :
                 And
                 beon
                 ða
                 heregeata
                 ,
                 
                   Let
                   the
                   heriot
                   (
                   which
                   was
                   to
                   be
                   paid
                   after
                   the
                   death
                   of
                   great
                   men
                   )
                   be
                   according
                   to
                   their
                   dignities
                   .
                   An
                   Earl's
                   ,
                   eight
                   Horses
                   ,
                   (
                   four
                   sadled
                   and
                   four
                   unsadled
                   )
                   four
                   Helmets
                   ,
                   four
                   Corslets
                   ,
                   eight
                   Spears
                   and
                   as
                   many
                   Shields
                   ,
                   four
                   Swords
                   and
                   two
                   hundred
                   marks
                   of
                   Gold.
                   The
                   heriot
                   of
                   a
                   Thane
                   next
                   to
                   the
                   King
                   ,
                   four
                   Horses
                   (
                   two
                   sadled
                   and
                   two
                   unsadled
                   )
                   two
                   Swords
                   ,
                   four
                   Spears
                   ,
                   four
                   Shields
                   ,
                   one
                   Helmet
                   ,
                   one
                   Corslet
                   ,
                   and
                   fifty
                   marks
                   .
                   Of
                   the
                   inferiour
                   or
                   
                     midling
                     Thane
                  
                   ,
                   an
                   Horse
                   furnished
                   and
                   his
                   weapon
                   ,
                   &c.
                   
                   
                   And
                   he
                   that
                   less
                   hath
                   and
                   less
                   may
                   ,
                   let
                   his
                   heriot
                   be
                   two
                   pound
                   .
                
                 Here
                 is
                 speech
                 indeed
                 of
                 an
                 heriot
                 but
                 none
                 of
                 Relief
                 :
                 I
                 shall
                 anon
                 shew
                 the
                 difference
                 between
                 them
                 ,
                 and
                 then
                 hath
                 this
                 law
                 nothing
                 against
                 me
                 .
                 Touching
                 the
                 law
                 alledged
                 to
                 be
                 Edward
                 the
                 Confessor's
                 ,
                 the
                 words
                 be
                 these
                 ,
                 
                   Qui
                   in
                   bello
                   ante
                   Dominum
                   suum
                   ceciderit
                   (
                   sit
                   hoc
                   in
                   terra
                   sit
                   alibi
                   )
                   sint
                   ei
                   relevationes
                   condonatae
                   ,
                
                 &c.
                 
                 Here
                 I
                 confess
                 is
                 mention
                 of
                 Reliefs
                 ,
                 but
                 I
                 deny
                 this
                 to
                 be
                 the
                 law
                 of
                 Edward
                 the
                 Confessor
                 :
                 't
                 is
                 true
                 that
                 it
                 is
                 published
                 by
                 Lambard
                 among
                 his
                 receiv'd
                 laws
                 ,
                 but
                 (
                 if
                 you
                 mark
                 it
                 )
                 in
                 a
                 differing
                 letter
                 as
                 noting
                 it
                 to
                 be
                 an
                 addition
                 .
                 In
                 an
                 ancient
                 MS.
                 therefore
                 (
                 which
                 I
                 have
                 )
                 of
                 those
                 laws
                 ,
                 it
                 is
                 not
                 sound
                 ,
                 nor
                 in
                 the
                 printed
                 copy
                 of
                 
                   Roger
                   Hoveden
                
                 ,
                 who
                 wrote
                 till
                 the
                 third
                 year
                 of
                 King
                 John
                 ,
                 that
                 is
                 134.
                 years
                 after
                 the
                 Confessor's
                 time
                 :
                 with
                 reverence
                 therefore
                 be
                 it
                 spoken
                 ,
                 it
                 is
                 mistaken
                 both
                 in
                 the
                 Report
                 and
                 by
                 my
                 Ld.
                 Coke
                 himself
                 ,
                 whom
                 it
                 followeth
                 ,
                 if
                 they
                 say
                 that
                 these
                 words
                 were
                 part
                 of
                 the
                 law
                 of
                 Edw.
                 the
                 Confessor
                 ,
                 yea
                 ,
                 the
                 text
                 it self
                 maketh
                 .....
                 of
                 William
                 the
                 younger
                 call'd
                 Rufus
                 .
              
               
                 But
                 to
                 conceal
                 no
                 truth
                 ,
                 it
                 is
                 delivered
                 by
                 
                   Jornalensis
                   Monachus
                
                 in
                 the
                 very
                 same
                 words
                 ,
                 as
                 a
                 law
                 of
                 an
                 elder
                 King
                 amongst
                 us
                 ,
                 than
                 the
                 Confessor
                 ;
                 namely
                 of
                 Canutus
                 our
                 Danish
                 King
                 ,
                 who
                 in
                 the
                 157.
                 
                 Chap.
                 of
                 his
                 laws
                 (
                 speaking
                 of
                 one
                 slain
                 in
                 battel
                 in
                 the
                 presence
                 of
                 his
                 Lord
                 )
                 saith
                 expresly
                 ,
                 
                   Sint
                   ei
                   relevationes
                   condonatae
                
                 .
                 Now
                 the
                 game
                 seemeth
                 to
                 be
                 wonn
                 ;
                 but
                 stay
                 a
                 while
                 ,
                 and
                 remember
                 what
                 I
                 said
                 before
                 of
                 the
                 translations
                 of
                 our
                 Saxon
                 Laws
                 and
                 Charters
                 into
                 Latin.
                 The
                 Saxons
                 and
                 the
                 Danes
                 (
                 whose
                 Language
                 and
                 Laws
                 differ'd
                 little
                 in
                 those
                 days
                 )
                 wrote
                 their
                 Laws
                 only
                 in
                 their
                 own
                 tongue
                 ,
                 and
                 the
                 translating
                 of
                 them
                 hath
                 begotten
                 much
                 variety
                 and
                 many
                 controversies
                 ;
                 we
                 must
                 therefore
                 resort
                 to
                 the
                 original
                 Saxon
                 ,
                 where
                 this
                 passage
                 is
                 in
                 the
                 75
                 
                   th
                   .
                   Chap.
                
                 of
                 the
                 second
                 part
                 of
                 his
                 Laws
                 in
                 these
                 words
                 ,
                 &
                 se
                 man
                 ðe
                 aet
                 ðam
                 sy●dung
                 toforan
                 his
                 hla●ord
                 ●ealle
                 ,
                 sy
                 hit
                 innan
                 lande
                 ,
                 sy
                 hit
                 of
                 lande
                 .
                 
                 beon
                 herogeata
                 forgyfene
                 :
                 which
                 is
                 thus
                 verbatim
                 ,
                 
                   The
                   man
                   that
                   in
                   a
                   military
                   Voyage
                   is
                   slain
                   before
                   or
                   in
                   the
                   presence
                   of
                   his
                   Lord
                   ,
                   be
                   it
                   upon
                   land
                   or
                   off
                   of
                   land
                   ,
                   let
                   the
                   Heriots
                   be
                   forgiven
                   him
                   .
                
                 He
                 saith
                 not
                 ,
                 let
                 the
                 Releifs
                 ,
                 but
                 let
                 the
                 Heriots
                 be
                 forgiven
                 him
                 ,
                 and
                 I
                 deny
                 not
                 but
                 this
                 might
                 be
                 one
                 of
                 the
                 Danish
                 Laws
                 which
                 Edward
                 the
                 Confessor
                 took
                 out
                 of
                 
                 Canutus's
                 Laws
                 when
                 he
                 compos'd
                 the
                 
                   Common
                   Law
                
                 out
                 of
                 the
                 
                   West
                   Saxon
                
                 Law
                 ,
                 Mercian
                 Law
                 ,
                 and
                 Dane
                 Law
                 ,
                 if
                 the
                 copies
                 of
                 them
                 were
                 extant
                 ;
                 and
                 it
                 is
                 very
                 probable
                 that
                 William
                 the
                 Conquerour
                 (
                 or
                 one
                 of
                 his
                 sons
                 )
                 did
                 turn
                 that
                 Law
                 of
                 Heriots
                 into
                 this
                 of
                 Reliefs
                 .
              
               
                 For
                 that
                 which
                 my
                 Lord
                 Coke
                 hath
                 out
                 of
                 Doomsday
                 ,
                 is
                 the
                 same
                 which
                 Mr.
                 Cambden
                 hath
                 in
                 Barkshire
                 touching
                 all
                 that
                 County
                 .
                 
                   Vt
                   Tainus
                   vel
                   Miles
                   Regis
                   Dominicus
                   moriens
                   ,
                   pro
                   releviamento
                   dimittebat
                   Regi
                   omnia
                   arma
                   sua
                   ,
                   &
                   Equum
                   unum
                   cum
                   sella
                   ,
                   &
                   alium
                   sine
                   sella
                   ;
                   quod
                   si
                   essent
                   canes
                   vel
                   accipitres
                   ,
                   praestabantur
                
                 
                 
                   Regi
                   ,
                   ut
                   sivellet
                   ,
                   acciperet
                   .
                
                 Here
                 is
                 releviamentum
                 us'd
                 in
                 the
                 Conquerour's
                 time
                 ,
                 (
                 which
                 I
                 doubt
                 not
                 ,
                 )
                 but
                 our
                 Question
                 is
                 of
                 it
                 in
                 the
                 time
                 of
                 the
                 Saxons
                 .
                 That
                 also
                 cited
                 by
                 and
                 out
                 of
                 Mr.
                 Selden
                 is
                 of
                 the
                 same
                 nature
                 ,
                 and
                 one
                 answer
                 therefore
                 serveth
                 to
                 all
                 the
                 three
                 .
                 Yet
                 by
                 way
                 of
                 corollary
                 ,
                 I
                 shall
                 anon
                 discover
                 another
                 error
                 of
                 this
                 sort
                 ,
                 rising
                 even
                 from
                 Doomsday
                 it self
                 and
                 the
                 Normans
                 possessing
                 this
                 Kingdom
                 of
                 the
                 Saxons
                 ,
                 but
                 not
                 well
                 instructed
                 in
                 their
                 Laws
                 and
                 Customs
                 :
                 which
                 is
                 as
                 followeth
                 .
              
            
             
               
                 CHAP.
                 XVIII
                 .
              
               
                 Difference
                 between
                 Heriots
                 and
                 Reliefs
                 .
              
               
                 
                 HEriots
                 were
                 usual
                 among
                 the
                 latter
                 Saxons
                 :
                 Reliefs
                 among
                 the
                 elder
                 Normans
                 before
                 their
                 coming
                 into
                 England
                 .
                 This
                 according
                 to
                 the
                 custom
                 of
                 the
                 
                   Feudal
                   Law
                
                 ,
                 and
                 other
                 Nations
                 :
                 that
                 ordain'd
                 by
                 
                   Ludovicus
                   al.
                   Clodoveus
                
                 King
                 of
                 France
                 about
                 the
                 year
                 511.
                 to
                 tame
                 the
                 Almans
                 whom
                 he
                 then
                 had
                 brought
                 to
                 servitude
                 .
                 I
                 find
                 it
                 not
                 in
                 England
                 till
                 the
                 Soveraigntie
                 of
                 the
                 Danes
                 .
                 The
                 first
                 Laws
                 (
                 which
                 I
                 find
                 )
                 that
                 mention
                 it
                 ,
                 are
                 those
                 of
                 Canutus
                 before
                 mentioned
                 ,
                 who
                 perhaps
                 for
                 the
                 assurance
                 of
                 his
                 throne
                 us'd
                 this
                 politick
                 device
                 to
                 have
                 all
                 the
                 Armour
                 of
                 the
                 Kingdom
                 at
                 his
                 disposition
                 in
                 this
                 manner
                 ,
                 when
                 he
                 had
                 dismissed
                 his
                 Danish
                 Army
                 .
                 But
                 it
                 falling
                 so
                 out
                 as
                 the
                 Heriot
                 being
                 to
                 be
                 paid
                 at
                 or
                 after
                 the
                 death
                 of
                 the
                 
                   Old
                   Tenant
                
                 ,
                 and
                 the
                 Relief
                 at
                 or
                 before
                 the
                 entry
                 of
                 the
                 new
                 ;
                 the
                 Normans
                 in
                 this
                 did
                 like
                 our
                 Ancestors
                 the
                 Saxons
                 ,
                 who
                 ,
                 because
                 our
                 Christian
                 Pascha
                 or
                 Passover
                 fell
                 out
                 yearly
                 to
                 be
                 celebrated
                 about
                 the
                 time
                 of
                 the
                 Feast
                 of
                 their
                 Idol
                 .
                 Easter
                 ,
                 call'd
                 our
                 Passover
                 by
                 the
                 name
                 of
                 their
                 Easter
                 ;
                 so
                 they
                 seem
                 to
                 have
                 conceiv'd
                 the
                 Saxon
                 heriot
                 to
                 be
                 the
                 same
                 that
                 their
                 Norman
                 Relief
                 was
                 ,
                 and
                 therefore
                 translated
                 the
                 word
                 heriot
                 by
                 Releviamentum
                 or
                 Relevium
                 ,
                 and
                 raising
                 the
                 form
                 of
                 their
                 
                   Feudal
                   Law
                
                 in
                 England
                 ,
                 drew
                 the
                 Saxon
                 customs
                 to
                 cohere
                 therewith
                 as
                 much
                 as
                 might
                 be
                 .
                 But
                 there
                 is
                 great
                 difference
                 between
                 Heriots
                 and
                 Reliefs
                 ;
                 for
                 Heriots
                 were
                 
                   Militiae
                   apparatus
                
                 ,
                 which
                 the
                 word
                 signifieth
                 ,
                 and
                 devised
                 (
                 as
                 I
                 said
                 before
                 )
                 to
                 keep
                 the
                 conquered
                 Nation
                 in
                 subjection
                 ,
                 and
                 to
                 support
                 the
                 publick
                 strength
                 and
                 military
                 furniture
                 of
                 the
                 Kingdom
                 :
                 the
                 Reliefs
                 for
                 the
                 private
                 commodity
                 of
                 the
                 Lord
                 ,
                 that
                 he
                 might
                 not
                 have
                 
                   inutilem
                   proprietatem
                
                 in
                 the
                 Seignory
                 .
                 The
                 Heriots
                 were
                 therefore
                 properly
                 paid
                 in
                 habiliments
                 of
                 war
                 ,
                 the
                 Reliefs
                 usually
                 in
                 money
                 :
                 The
                 Heriot
                 for
                 the
                 Tenant
                 that
                 died
                 ,
                 and
                 out
                 of
                 his
                 goods
                 1
                 ;
                 the
                 Relief
                 for
                 the
                 Tenant
                 that
                 succeeded
                 and
                 out
                 of
                 his
                 purse
                 .
                 The
                 Heriot
                 whether
                 the
                 
                 son
                 or
                 heir
                 enjoy'd
                 the
                 land
                 or
                 not
                 :
                 the
                 Relief
                 by
                 none
                 but
                 him
                 only
                 that
                 obtain'd
                 the
                 land
                 in
                 succession
                 .
                 The
                 Heriot
                 whether
                 the
                 land
                 were
                 fallen
                 into
                 the
                 Lord's
                 hands
                 or
                 not
                 :
                 the
                 Relief
                 in
                 old
                 time
                 not
                 unless
                 it
                 were
                 fallen
                 and
                 lay
                 destitute
                 of
                 a
                 Tenant
                 ,
                 whose
                 taking
                 of
                 it
                 up
                 out
                 of
                 the
                 Lord's
                 hands
                 was
                 in
                 that
                 sense
                 called
                 Relevium
                 or
                 Relevatio
                 ,
                 a
                 taking
                 up
                 of
                 that
                 was
                 fallen
                 ,
                 according
                 to
                 the
                 French
                 word
                 Reliefe
                 .
                 1
                 Bracton
                 well
                 observ'd
                 the
                 difference
                 ,
                 saying
                 ,
                 
                   Fit
                   quaedam
                   praestatio
                   quae
                   non
                   dicitur
                   Relevium
                   sed
                   quasi
                   ,
                   sicut
                   Heriotum
                   quasi
                   loco
                   Relevii
                   ,
                   &
                   quod
                   dari
                   debet
                   aliquando
                   ante
                   sacramentum
                   fidelitatis
                   ,
                   aliquando
                   post
                   .
                   Hotoman
                
                 2
                 saith
                 ,
                 
                   Relevium
                   dicitur
                   honorarium
                   (
                   munus
                   )
                   quod
                   novus
                   Vassallus
                   Patrono
                   introitus
                   causa
                   largitur
                   ;
                   quasi
                   morte
                   alterius
                   Vassalli
                   vel
                   alio
                   quo
                   casu
                   feudum
                   ceciderit
                   ,
                   quod
                   jam
                   à
                   novo
                   sublevetur
                   .
                   (
                   Nov.
                   Leo.
                
                 13.
                 
                   〈◊〉
                   〈◊〉
                   〈◊〉
                   〈◊〉
                   〈◊〉
                
                 
                   nominat
                   .
                
                 )
              
               
                 I
                 stand
                 the
                 longer
                 herein
                 ,
                 for
                 that
                 not
                 only
                 the
                 Report
                 but
                 even
                 Doomsday
                 it self
                 and
                 generally
                 all
                 the
                 ancient
                 Monkish
                 writers
                 ,
                 have
                 confounded
                 Heriots
                 and
                 Releifs
                 .
                 Yet
                 might
                 I
                 have
                 saved
                 all
                 this
                 labour
                 ,
                 for
                 nothing
                 can
                 make
                 the
                 difference
                 more
                 manifest
                 than
                 that
                 we
                 often
                 see
                 both
                 of
                 them
                 are
                 together
                 issuing
                 out
                 of
                 the
                 same
                 land
                 .
                 But
                 when
                 all
                 is
                 done
                 ,
                 neither
                 is
                 Heriot
                 nor
                 Releif
                 any
                 badge
                 of
                 land
                 holden
                 by
                 Knight's-service
                 or
                 
                   in
                   Capite
                
                 ,
                 for
                 both
                 of
                 them
                 are
                 found
                 in
                 lands
                 of
                 ordinary
                 Socage
                 .
                 Yet
                 I
                 confess
                 that
                 Bracton
                 saith
                 3
                 ,
                 
                   de
                   soccagio
                   non
                   datur
                   Relevium
                
                 ,
                 and
                 a
                 little
                 before
                 ,
                 
                   de
                   soccagio
                   non
                   competit
                   domino
                   Capitali
                   Custodia
                   nec
                   homagium
                   :
                   &
                   ubi
                   nulla
                   Custodia
                   ,
                   nullum
                   Relevium
                   ,
                   sed
                   è
                   contra
                   .
                
                 But
                 this
                 serveth
                 my
                 turn
                 very
                 well
                 ;
                 for
                 that
                 they
                 in
                 the
                 Report
                 having
                 fail'd
                 to
                 prove
                 that
                 Releifs
                 were
                 in
                 use
                 in
                 the
                 Saxons
                 time
                 ,
                 (
                 whereof
                 they
                 affirm'd
                 they
                 had
                 full
                 testimony
                 )
                 it
                 now
                 inferreth
                 on
                 my
                 behalf
                 that
                 if
                 Releifs
                 and
                 Wardships
                 were
                 not
                 in
                 use
                 among
                 the
                 Saxons
                 ,
                 that
                 then
                 also
                 Tenure
                 by
                 Knight-service
                 was
                 not
                 with
                 them
                 .
              
               
                 Besides
                 all
                 this
                 ,
                 the
                 Heriot
                 was
                 a
                 certain
                 duty
                 ,
                 and
                 settled
                 by
                 Law
                 ,
                 the
                 Relief
                 so
                 various
                 and
                 uncertain
                 ,
                 as
                 the
                 Lords
                 exacted
                 what
                 they
                 listed
                 for
                 it
                 when
                 it
                 fell
                 into
                 their
                 hands
                 ;
                 constraining
                 the
                 heir
                 of
                 the
                 Tenant
                 ,
                 as
                 it
                 were
                 to
                 make
                 a
                 new
                 purchase
                 of
                 their
                 Feud
                 ;
                 whereupon
                 the
                 Feudists
                 called
                 this
                 Releif
                 not
                 only
                 Renovatio
                 and
                 
                   Restauratio
                   feudi
                
                 ,
                 in
                 Greek
                 
                   〈◊〉
                   〈◊〉
                   〈◊〉
                   〈◊〉
                   〈◊〉
                
                 ,
                 turning
                 or
                 bringing
                 back
                 of
                 the
                 Feud
                 to
                 the
                 former
                 condition
                 or
                 proper
                 nature
                 of
                 it
                 ;
                 but
                 also
                 Redemptio
                 a
                 ransoming
                 of
                 it
                 out
                 of
                 the
                 Lord's
                 hands
                 .
                 That
                 it
                 thus
                 stood
                 with
                 us
                 in
                 England
                 by
                 and
                 by
                 after
                 the
                 Conquest
                 ,
                 appears
                 by
                 that
                 we
                 have
                 shewed
                 before
                 out
                 of
                 the
                 
                   Magna
                   Charta
                
                 of
                 Henry
                 I.
                 
              
            
             
               
                 CHAP.
                 XIX
                 .
              
               
                 No
                 Fines
                 for
                 Licence
                 of
                 Alienation
                 .
              
               
                 
                 TOuching
                 Fines
                 for
                 
                   Licence
                   of
                   Alienation
                
                 ,
                 it
                 is
                 not
                 said
                 what
                 kind
                 of
                 Tenants
                 among
                 the
                 Saxons
                 did
                 pay
                 them
                 ,
                 nor
                 for
                 what
                 kind
                 of
                 land
                 they
                 were
                 paid
                 .
                 The
                 
                   Thane-land
                   hereditary
                
                 is
                 apparently
                 discharg'd
                 thereof
                 by
                 the
                 ordinary
                 words
                 of
                 their
                 Charters
                 before
                 mention'd
                 ,
                 where
                 't
                 is
                 said
                 ,
                 that
                 the
                 owners
                 of
                 lands
                 may
                 give
                 and
                 bequeath
                 them
                 
                   cuicunque
                   voluerint
                
                 ,
                 and
                 that
                 freely
                 ,
                 
                   ab
                   omni
                   munduali
                   obstaculo
                   .
                   Doomsday
                
                 also
                 (
                 as
                 we
                 here
                 shewed
                 )
                 doth
                 testifie
                 as
                 much
                 ,
                 and
                 so
                 doth
                 the
                 very
                 word
                 Alodium
                 ,
                 which
                 the
                 ancient
                 Authors
                 attribute
                 to
                 these
                 lands
                 .
                 So
                 that
                 the
                 Thane-lands
                 doubtless
                 were
                 free
                 both
                 from
                 the
                 Fine
                 and
                 Licence
                 .
              
               
                 
                 But
                 as
                 touching
                 Folcland
                 and
                 land
                 holden
                 at
                 will
                 of
                 the
                 Lord
                 ,
                 tho'
                 continued
                 in
                 ancient
                 time
                 to
                 their
                 children
                 after
                 the
                 manner
                 of
                 Copy-holds
                 ;
                 it
                 is
                 
                 no
                 question
                 but
                 that
                 they
                 might
                 both
                 have
                 
                   Licence
                   for
                   aliening
                
                 such
                 lands
                 ,
                 and
                 also
                 pay
                 consideration
                 for
                 it
                 ;
                 as
                 our
                 Copy-holders
                 do
                 at
                 this
                 day
                 .
                 I
                 find
                 1
                 that
                 one
                 Brictrick
                 in
                 the
                 time
                 of
                 King
                 Etheldred
                 about
                 the
                 year
                 984.
                 bequeath'd
                 legacies
                 of
                 good
                 value
                 unto
                 his
                 Lord's
                 wife
                 ,
                 to
                 intreat
                 her
                 Husband
                 that
                 this
                 Brictrick's
                 Will
                 (
                 whereby
                 he
                 had
                 devised
                 many
                 lands
                 and
                 goods
                 to
                 Monasteries
                 and
                 divers
                 men
                 )
                 might
                 stand
                 .
                 And
                 that
                 Thola
                 the
                 widow
                 of
                 Vrke
                 a
                 Thane
                 of
                 Edward
                 the
                 Confessor
                 ,
                 obtain'd
                 licence
                 from
                 the
                 same
                 King
                 Edward
                 ,
                 that
                 she
                 might
                 devise
                 both
                 her
                 lands
                 and
                 goods
                 to
                 the
                 Monastery
                 of
                 Abbotsbury
                 .
                 But
                 of
                 what
                 nature
                 these
                 Licences
                 were
                 ,
                 whether
                 to
                 alienate
                 the
                 land
                 ,
                 or
                 to
                 make
                 a
                 Will
                 ,
                 or
                 to
                 give
                 the
                 land
                 to
                 Monasteries
                 as
                 in
                 Mortmain
                 ,
                 I
                 cannot
                 determine
                 .
                 If
                 they
                 only
                 intended
                 alienation
                 ,
                 then
                 I
                 understand
                 them
                 only
                 of
                 Lands
                 holden
                 (
                 according
                 to
                 the
                 custom
                 of
                 the
                 time
                 )
                 at
                 will
                 of
                 the
                 Lord
                 ,
                 or
                 Folcland
                 .
                 Yet
                 in
                 that
                 Thola's
                 Licence
                 was
                 as
                 well
                 to
                 bequeath
                 her
                 goods
                 expresly
                 as
                 her
                 lands
                 ;
                 the
                 Licence
                 seemeth
                 to
                 be
                 given
                 therefore
                 to
                 make
                 a
                 Will
                 ,
                 which
                 no
                 man
                 then
                 could
                 do
                 if
                 not
                 a
                 
                   Thane
                   .
                   (
                   Quaere
                   .
                
                 )
                 But
                 howsoever
                 it
                 be
                 expounded
                 ,
                 it
                 must
                 not
                 be
                 extended
                 to
                 the
                 Thane-lands
                 or
                 
                   land
                   hereditary
                
                 ,
                 for
                 the
                 reasons
                 before
                 alledged
                 .
              
               
                 And
                 as
                 touching
                 Fines
                 for
                 
                   Licence
                   of
                   Alienation
                
                 after
                 our
                 manner
                 (
                 which
                 the
                 Report
                 suggesteth
                 )
                 they
                 could
                 not
                 doubtless
                 be
                 in
                 use
                 among
                 the
                 Saxons
                 ;
                 for
                 there
                 are
                 not
                 found
                 (
                 as
                 I
                 suppose
                 )
                 here
                 among
                 us
                 before
                 the
                 time
                 of
                 Edward
                 I.
                 and
                 not
                 established
                 afterwards
                 'till
                 1.
                 
                 Edw.
                 III.
                 where
                 the
                 King
                 granteth
                 that
                 from
                 thenceforth
                 lands
                 holden
                 
                   in
                   Chiefe
                
                 ,
                 should
                 not
                 be
                 seized
                 as
                 forfeited
                 (
                 which
                 formerly
                 they
                 were
                 )
                 for
                 
                   Alienation
                   without
                   Licence
                
                 ,
                 but
                 that
                 a
                 reasonable
                 Fine
                 should
                 be
                 taken
                 for
                 the
                 same
                 .
                 
                   See
                   the
                   Statute
                   ▪
                
              
            
             
               
                 CHAP.
                 XX.
                 
              
               
                 No
                 Feodal
                 Homage
                 among
                 the
                 Saxons
                 .
              
               
                 
                 OUr
                 word
                 Man
                 and
                 homo
                 in
                 Latin
                 ,
                 have
                 for
                 many
                 ages
                 in
                 old
                 time
                 been
                 used
                 by
                 the
                 German
                 and
                 Western
                 Nations
                 for
                 a
                 Servant
                 or
                 Vassal
                 .
                 And
                 from
                 thence
                 hominium
                 and
                 vassaticum
                 ,
                 afterwards
                 homagium
                 was
                 likewise
                 used
                 for
                 
                   hominem
                   agere
                
                 ,
                 to
                 do
                 the
                 office
                 or
                 duty
                 of
                 a
                 servant
                 ;
                 (
                 not
                 to
                 signifie
                 Manhood
                 as
                 some
                 2
                 expound
                 it
                 ,
                 )
                 and
                 so
                 also
                 Vassalagium
                 .
                 But
                 by
                 little
                 and
                 little
                 all
                 these
                 latter
                 words
                 have
                 been
                 restrain'd
                 ,
                 to
                 note
                 no
                 more
                 than
                 our
                 ceremonial
                 homage
                 belonging
                 properly
                 unto
                 Tenures
                 ;
                 which
                 I
                 met
                 not
                 with
                 among
                 our
                 Saxons
                 ,
                 nor
                 any
                 shew
                 thereof
                 in
                 former
                 ages
                 ,
                 unless
                 we
                 shall
                 fancy
                 that
                 the
                 Devil
                 had
                 it
                 in
                 his
                 eye
                 when
                 he
                 offered
                 to
                 give
                 unto
                 our
                 Saviour
                 all
                 the
                 Kingdoms
                 of
                 the
                 world
                 ,
                 if
                 he
                 would
                 fall
                 down
                 and
                 worship
                 him
                 .
                 For
                 here
                 he
                 maketh
                 himself
                 as
                 
                   Capital
                   Lord
                
                 ,
                 our
                 Saviour
                 as
                 the
                 
                   Feodal
                   Tenant
                
                 :
                 the
                 Kingdoms
                 of
                 the
                 world
                 to
                 be
                 the
                 Feud
                 :
                 the
                 falling
                 (
                 or
                 kneeling
                 )
                 down
                 to
                 be
                 the
                 homage
                 :
                 and
                 the
                 worshipping
                 of
                 him
                 (
                 consisting
                 as
                 the
                 Feodists
                 expound
                 it
                 in
                 six
                 rules
                 of
                 service
                 )
                 to
                 be
                 the
                 Fealty
                 .
                 Pardon
                 me
                 this
                 idleness
                 ,
                 but
                 from
                 such
                 missemblances
                 rise
                 many
                 errors
                 .
              
               
                 
                 Homage
                 (
                 as
                 we
                 understand
                 it
                 in
                 our
                 Law
                 )
                 is
                 of
                 two
                 sorts
                 :
                 one
                 more
                 ancient
                 than
                 the
                 other
                 called
                 
                   homagium
                   ligeum
                
                 ,
                 as
                 due
                 unto
                 the
                 King
                 in
                 respect
                 of
                 Soveraignty
                 ,
                 and
                 so
                 done
                 
                   (
                   more
                   Francico
                
                 )
                 to
                 King
                 Pipin
                 by
                 Tassilo
                 Duke
                 of
                 Bavaria
                 about
                 the
                 year
                 756.
                 
                 The
                 other
                 
                   homagium
                   feodale
                
                 or
                 praediale
                 ,
                 belonging
                 to
                 every
                 feodal
                 Lord
                 ,
                 and
                 not
                 begun
                 in
                 France
                 'till
                 Feuds
                 were
                 there
                 made
                 hereditary
                 by
                 
                   Hugh
                   Capet
                
                 ,
                 nor
                 in
                 England
                 till
                 William
                 the
                 Conqueror
                 did
                 the
                 like
                 ,
                 as
                 before
                 appears
                 .
                 The
                 reason
                 of
                 it
                 was
                 to
                 preserve
                 the
                 memory
                 
                 of
                 the
                 Tenure
                 and
                 of
                 the
                 duty
                 of
                 the
                 Tenant
                 ,
                 by
                 making
                 every
                 new
                 Tenant
                 at
                 his
                 entry
                 to
                 recognize
                 the
                 interest
                 of
                 his
                 Lord
                 ,
                 lest
                 that
                 the
                 Feud
                 being
                 now
                 hereditary
                 and
                 new
                 heirs
                 continually
                 succeeding
                 into
                 it
                 ,
                 they
                 might
                 by
                 little
                 and
                 little
                 forget
                 their
                 duty
                 ,
                 and
                 substracting
                 the
                 services
                 ,
                 deny
                 at
                 last
                 the
                 Tenure
                 it self
                 .
                 We
                 see
                 at
                 this
                 day
                 frequent
                 examples
                 of
                 it
                 ;
                 for
                 by
                 neglecting
                 of
                 doing
                 homage
                 and
                 those
                 services
                 ,
                 Tenures
                 usually
                 are
                 forgotten
                 and
                 so
                 revolv'd
                 to
                 the
                 King
                 by
                 Ignoramus
                 ,
                 to
                 the
                 great
                 evil
                 of
                 their
                 posterity
                 that
                 neglect
                 it
                 .
                 
              
               
                 But
                 the
                 Saxons
                 having
                 only
                 two
                 kind
                 of
                 lands
                 ,
                 Bocland
                 and
                 Folcland
                 ,
                 neither
                 of
                 them
                 could
                 be
                 subject
                 unto
                 homage
                 :
                 for
                 the
                 Bocland
                 (
                 which
                 belong'd
                 properly
                 to
                 their
                 
                   greater
                   Thanes
                
                 )
                 tho'
                 it
                 were
                 hereditary
                 ,
                 yet
                 was
                 it
                 alodium
                 and
                 
                   libera
                   ab
                   omni
                   seculari
                   gravedine
                
                 ,
                 as
                 before
                 is
                 shewed
                 ,
                 and
                 thereby
                 free
                 from
                 homage
                 .
                 And
                 the
                 Folcland
                 being
                 not
                 otherwise
                 granted
                 by
                 the
                 King
                 or
                 his
                 Thanes
                 than
                 at
                 will
                 ,
                 or
                 for
                 years
                 ,
                 or
                 for
                 life
                 ,
                 the
                 tenant
                 of
                 it
                 was
                 not
                 to
                 do
                 any
                 homage
                 for
                 it
                 .
                 For
                 Justice
                 Littleton
                 1
                 biddeth
                 us
                 note
                 ,
                 that
                 none
                 shall
                 do
                 homage
                 but
                 such
                 as
                 have
                 an
                 estate
                 in
                 
                   fee
                   simple
                
                 or
                 
                   fee
                   taile
                
                 ,
                 &c.
                 
                 
                   For
                   (
                   saith
                   he
                   )
                   't
                   is
                   a
                   maxim
                   in
                   law
                   ,
                   that
                   he
                   which
                   hath
                   an
                   estate
                   but
                   for
                   term
                   of
                   life
                   ,
                   shall
                   neither
                   do
                   homage
                   nor
                   take
                   homage
                   .
                
              
               
                 But
                 admit
                 the
                 Saxons
                 had
                 the
                 ceremony
                 of
                 
                   doing
                   homage
                
                 among
                 them
                 ,
                 yet
                 was
                 it
                 not
                 a
                 certain
                 mark
                 of
                 Knights-service
                 :
                 for
                 it
                 was
                 usual
                 also
                 in
                 Socage-Tenure
                 .
                 And
                 in
                 elder
                 ages
                 ,
                 as
                 well
                 a
                 personal
                 duty
                 as
                 a
                 praedial
                 ,
                 that
                 is
                 done
                 to
                 Princes
                 and
                 great
                 Men
                 ,
                 either
                 by
                 compulsion
                 for
                 subjection
                 ,
                 or
                 voluntary
                 for
                 their
                 protection
                 ,
                 without
                 receiving
                 any
                 feud
                 or
                 other
                 grant
                 of
                 land
                 or
                 benefit
                 from
                 them
                 .
                 And
                 he
                 or
                 they
                 which
                 in
                 this
                 manner
                 put
                 themselves
                 into
                 the
                 homage
                 of
                 another
                 for
                 protection
                 sake
                 ,
                 were
                 then
                 called
                 
                   homines
                   sui
                
                 ,
                 and
                 said
                 
                   commendare
                   se
                   in
                   manus
                   ejus
                
                 or
                 
                   commendare
                   se
                   illi
                
                 ,
                 and
                 were
                 thereupon
                 sometimes
                 called
                 
                   homines
                   ejus
                   commendati
                
                 ,
                 and
                 sometimes
                 commendati
                 without
                 homines
                 ,
                 as
                 in
                 Doomsday
                 often
                 2
                 .
                 Tho'
                 we
                 have
                 lost
                 the
                 meaning
                 of
                 the
                 phrase
                 ,
                 yet
                 we
                 use
                 it
                 even
                 to
                 this
                 day
                 .
                 
                   Commend
                   me
                   unto
                   such
                   a
                   man
                   ,
                
                 which
                 importeth
                 as
                 much
                 as
                 (
                 our
                 new
                 compliment
                 taken
                 up
                 from
                 beyond
                 the
                 Seas
                 )
                 
                   let
                   him
                   know
                   that
                   I
                   am
                   his
                   servant
                   .
                
                 See
                 the
                 quotations
                 here
                 annexed
                 ,
                 and
                 note
                 ,
                 that
                 tho'
                 the
                 Saxons
                 did
                 (
                 as
                 we
                 at
                 this
                 day
                 )
                 call
                 their
                 servants
                 and
                 followers
                 
                   homines
                   suos
                
                 ,
                 their
                 men
                 ;
                 yet
                 we
                 no
                 where
                 find
                 the
                 word
                 Tenure
                 ,
                 or
                 the
                 ceremony
                 of
                 homage
                 among
                 them
                 ,
                 nor
                 any
                 speech
                 of
                 doing
                 or
                 of
                 respiting
                 homage
                 .
              
            
             
               
                 CHAP.
                 XXI
                 .
              
               
                 What
                 manner
                 of
                 Fealty
                 among
                 the
                 Saxons
                 .
              
               
                 
                 SO
                 for
                 Fealty
                 :
                 if
                 we
                 shall
                 apply
                 every
                 oath
                 sworn
                 by
                 Servants
                 and
                 Vassals
                 (
                 for
                 fidelity
                 to
                 their
                 Lord
                 )
                 to
                 belong
                 unto
                 Fealty
                 ,
                 we
                 may
                 bring
                 it
                 from
                 that
                 which
                 Abraham
                 imposed
                 upon
                 his
                 servant
                 ,
                 
                   put
                   thy
                   hand
                   under
                   my
                   thigh
                   ,
                   and
                   swear
                   ,
                
                 &c.
                 
                 For
                 the
                 Saxons
                 abounded
                 with
                 oaths
                 in
                 this
                 kind
                 ,
                 following
                 therein
                 their
                 Ancestors
                 the
                 Germans
                 ,
                 who
                 ,
                 as
                 Tacitus
                 3
                 saith
                 ,
                 took
                 
                   praecipuum
                   Sacramentum
                
                 ,
                 a
                 principal
                 oath
                 to
                 defend
                 the
                 Lord
                 of
                 the
                 Territory
                 under
                 whom
                 they
                 lived
                 ,
                 and
                 to
                 ascribe
                 their
                 own
                 valour
                 to
                 his
                 glory
                 .
                 So
                 likewise
                 the
                 
                   homines
                   commendati
                
                 before
                 mention'd
                 ,
                 yea
                 ,
                 the
                 
                   famuli
                   ministeriales
                
                 and
                 houshold
                 servants
                 of
                 Noble
                 persons
                 ,
                 were
                 in
                 ancient
                 times
                 and
                 within
                 the
                 memory
                 of
                 our
                 fathers
                 ,
                 sworn
                 to
                 be
                 faithful
                 to
                 their
                 Lords
                 .
              
               
                 
                 These
                 and
                 such
                 other
                 were
                 anciently
                 the
                 oaths
                 of
                 Fealty
                 ,
                 but
                 
                   illud
                   postremo
                   observandum
                
                 saith
                 Bignonius
                 (
                 a
                 learned
                 French-man
                 of
                 the
                 King
                 's
                 great
                 Council
                 )
                 
                   fidelitatem
                   hodie
                   quidem
                   feudi
                   causa
                   tantum
                   praestari
                
                 ;
                 shewing
                 farther
                 that
                 
                 Fealty
                 was
                 first
                 made
                 to
                 Princes
                 by
                 the
                 Commendati
                 and
                 Fideles
                 ,
                 without
                 any
                 feud
                 given
                 unto
                 them
                 ,
                 and
                 that
                 the
                 Princes
                 afterwards
                 did
                 many
                 times
                 grant
                 unto
                 them
                 
                   feuda
                   vacantia
                
                 ,
                 as
                 to
                 their
                 servants
                 :
                 but
                 whether
                 the
                 oath
                 of
                 fealty
                 were
                 so
                 brought
                 in
                 upon
                 feodal
                 tenants
                 ,
                 or
                 were
                 in
                 use
                 before
                 ,
                 he
                 doth
                 not
                 determine
                 .
                 In
                 the
                 mean
                 time
                 it
                 hereby
                 appeareth
                 ,
                 that
                 fealty
                 in
                 those
                 days
                 was
                 personal
                 as
                 well
                 as
                 feodal
                 or
                 praedial
                 ,
                 which
                 imposeth
                 a
                 necessity
                 upon
                 them
                 of
                 the
                 contrary
                 part
                 in
                 the
                 Report
                 ,
                 that
                 if
                 they
                 meet
                 with
                 fealty
                 among
                 the
                 Saxons
                 ,
                 they
                 must
                 shew
                 it
                 to
                 be
                 feodal
                 and
                 not
                 personal
                 ;
                 for
                 otherwise
                 it
                 maintaineth
                 not
                 their
                 assertion
                 .
                 I
                 will
                 help
                 them
                 with
                 a
                 pattern
                 of
                 fealty
                 in
                 those
                 times
                 ,
                 where
                 Oswald
                 Bishop
                 of
                 Worcester
                 granting
                 the
                 lands
                 of
                 his
                 Bishoprick
                 to
                 many
                 and
                 sundry
                 persons
                 for
                 three
                 lives
                 ,
                 reserv'd
                 a
                 multitude
                 of
                 services
                 to
                 be
                 done
                 by
                 them
                 ,
                 and
                 bound
                 them
                 to
                 swear
                 ,
                 That
                 as
                 long
                 as
                 they
                 held
                 those
                 lands
                 ,
                 they
                 should
                 continue
                 in
                 the
                 commandments
                 of
                 the
                 Bishop
                 with
                 all
                 subjection
                 .
                 I
                 take
                 this
                 to
                 be
                 an
                 oath
                 of
                 Fealty
                 ,
                 but
                 we
                 must
                 consider
                 whether
                 it
                 be
                 personal
                 or
                 praedial
                 .
                 If
                 personal
                 ,
                 it
                 nothing
                 then
                 concerneth
                 Tenures
                 ,
                 and
                 consequently
                 not
                 our
                 question
                 .
                 If
                 praedial
                 ,
                 then
                 must
                 it
                 be
                 inherent
                 to
                 the
                 land
                 ,
                 which
                 here
                 it
                 seemeth
                 not
                 to
                 be
                 ,
                 but
                 to
                 arise
                 by
                 way
                 of
                 contract
                 .
                 And
                 being
                 praedial
                 must
                 either
                 be
                 feodal
                 ,
                 as
                 for
                 land
                 holden
                 by
                 Knight-service
                 ;
                 or
                 Colonical
                 as
                 for
                 lands
                 in
                 Socage
                 .
                 If
                 we
                 say
                 it
                 is
                 feodal
                 ,
                 then
                 must
                 there
                 be
                 homage
                 also
                 as
                 well
                 as
                 fealty
                 ,
                 for
                 homage
                 is
                 inseperable
                 from
                 a
                 
                   feud
                   by
                   Knight-service
                
                 :
                 but
                 the
                 estates
                 here
                 granted
                 by
                 Oswald
                 being
                 no
                 greater
                 than
                 for
                 life
                 ,
                 the
                 Grantees
                 must
                 not
                 (
                 as
                 we
                 have
                 shewed
                 )
                 either
                 make
                 or
                 take
                 homage
                 .
                 And
                 being
                 lastly
                 but
                 Colonical
                 or
                 in
                 Socage
                 ,
                 it
                 is
                 no
                 fruit
                 of
                 a
                 
                   Tenure
                   in
                   Capite
                   by
                   Knight-service
                
                 ,
                 nor
                 belonging
                 therefore
                 to
                 our
                 question
                 .
                 So
                 that
                 if
                 fealty
                 be
                 found
                 among
                 the
                 Saxons
                 ,
                 yet
                 can
                 it
                 not
                 be
                 found
                 to
                 be
                 a
                 fruit
                 of
                 
                   Knight-service
                   in
                   Capite
                
                 ,
                 as
                 the
                 Report
                 pretendeth
                 it
                 ,
                 See
                 Fidelitas
                 in
                 my
                 Glossary
                 .
              
            
             
               
                 CHAP.
                 XXII
                 .
              
               
                 No
                 Escuage
                 among
                 the
                 Saxons
                 .
                 What
                 in
                 the
                 Empire
                 .
              
               
                 
                 THe
                 word
                 Scutagium
                 and
                 that
                 of
                 Escuage
                 ,
                 is
                 of
                 such
                 novelty
                 beyond
                 the
                 Seas
                 ,
                 as
                 I
                 find
                 it
                 not
                 among
                 the
                 feudists
                 ,
                 no
                 not
                 among
                 the
                 French
                 or
                 Normans
                 themselves
                 ,
                 much
                 less
                 among
                 the
                 Saxons
                 .
                 Yet
                 I
                 meet
                 with
                 an
                 ancient
                 law
                 in
                 the
                 Novella
                 of
                 
                   Constantine
                   Porphyrogenita
                
                 (
                 Emperour
                 of
                 Greece
                 in
                 the
                 year
                 780.
                 )
                 that
                 gives
                 a
                 specimen
                 of
                 it
                 ,
                 tho'
                 not
                 the
                 name
                 .
                 1
                 
                   Quaedam
                   esse
                   praedia
                   militaria
                   ,
                   quibus
                   cohaereat
                   onus
                   Militiae
                   ,
                   ita
                   ut
                   possessorem
                   necesse
                   sit
                   se
                   ad
                   militiam
                   comparare
                   domino
                   indicante
                   delectum
                   :
                   vel
                   si
                   nolit
                   aut
                   non
                   possit
                   se
                   ad
                   delectum
                   exhibere
                   ,
                   certam
                   eo
                   nomine
                   pecuniam
                   fisco
                   dependere
                   ,
                   quae
                   feudorum
                   omnium
                   lex
                   est
                   ,
                
                 &c.
                 
                 This
                 tells
                 us
                 ,
                 that
                 there
                 were
                 certain
                 lands
                 to
                 which
                 the
                 burden
                 of
                 warfare
                 was
                 so
                 adherent
                 ,
                 that
                 every
                 owner
                 of
                 them
                 was
                 tyed
                 upon
                 summons
                 made
                 by
                 his
                 Lord
                 to
                 make
                 his
                 appearance
                 therein
                 ,
                 or
                 else
                 to
                 pay
                 certain
                 money
                 by
                 way
                 of
                 a
                 Fine
                 ,
                 as
                 was
                 common
                 in
                 all
                 cases
                 of
                 Feodal
                 Tenures
                 .
              
               
                 
                 This
                 hath
                 some
                 shew
                 of
                 our
                 Escuage
                 ,
                 and
                 might
                 well
                 have
                 taken
                 that
                 name
                 from
                 the
                 manner
                 of
                 summons
                 used
                 in
                 the
                 Empire
                 ;
                 which
                 was
                 by
                 erecting
                 a
                 post
                 or
                 pillar
                 ,
                 and
                 hanging
                 a
                 Shield
                 at
                 the
                 top
                 thereof
                 ,
                 an
                 Herald
                 proclaiming
                 that
                 all
                 who
                 held
                 in
                 this
                 manner
                 should
                 at
                 such
                 a
                 day
                 attend
                 the
                 Emperour
                 in
                 his
                 voyage
                 to
                 Rome
                 ,
                 for
                 taking
                 the
                 Crown
                 of
                 Italy
                 or
                 King
                 of
                 Romans
                 ;
                 which
                 the
                 Ligurine
                 Poet
                 thus
                 expresseth
                 ,
                 2
                 
                   
                   
                     —
                     Ligno
                     suspenditur
                     alte
                  
                   
                     Erecto
                     Clypeus
                     :
                     tunc
                     Praeco
                     regius
                     omnes
                  
                   
                     Convocat
                     a
                     dominis
                     feudalia
                     jura
                     tenentes
                     ,
                     &c.
                     
                  
                
                 as
                 we
                 have
                 shew'd
                 in
                 our
                 Glossary
                 
                   verbo
                   Feudum
                
                 .
                 He
                 useth
                 Clypeus
                 for
                 a
                 Shield
                 ,
                 instead
                 of
                 Scutum
                 ;
                 and
                 from
                 this
                 shield
                 I
                 say
                 it
                 might
                 well
                 be
                 called
                 Scutagium
                 ,
                 as
                 also
                 from
                 the
                 service
                 performed
                 in
                 it
                 
                   cum
                   hasta
                   &
                   scuto
                
                 .
                 Yet
                 this
                 summons
                 was
                 not
                 called
                 Schiltbannum
                 but
                 Heribannum
                 ,
                 that
                 is
                 
                   indictio
                   exercitus
                
                 ,
                 not
                 
                   indictio
                   s●uti
                
                 .
              
               
                 But
                 to
                 keep
                 nearer
                 the
                 matter
                 .
                 First
                 ,
                 our
                 Saxons
                 neither
                 used
                 the
                 name
                 nor
                 the
                 rules
                 of
                 the
                 Norman
                 Escuage
                 ;
                 for
                 they
                 called
                 their
                 going
                 to
                 war
                 upon
                 legal
                 summons
                 ,
                 firdfare
                 and
                 utfare
                 ,
                 in
                 Latin
                 Expeditionem
                 and
                 Profectionem
                 .
                 Secondly
                 ,
                 they
                 were
                 not
                 tyed
                 to
                 any
                 definite
                 time
                 of
                 abode
                 ,
                 as
                 for
                 fourty
                 days
                 or
                 more
                 or
                 less
                 ,
                 but
                 as
                 the
                 law
                 saith
                 1
                 ,
                 sƿa
                 a
                 ðon
                 ðearf
                 sy
                 for
                 gemene●●●re
                 neode
                 ,
                 so
                 as
                 need
                 shall
                 require
                 for
                 common
                 necessity
                 .
              
               
                 Thirdly
                 ,
                 the
                 mulct
                 or
                 forfeiture
                 that
                 the
                 Tenant
                 in
                 Escuage
                 incurred
                 for
                 not
                 going
                 forth
                 upon
                 that
                 summons
                 ,
                 was
                 uncertain
                 among
                 the
                 Normans
                 and
                 us
                 ,
                 'till
                 the
                 Parliament
                 assign'd
                 it
                 ;
                 but
                 among
                 the
                 Saxons
                 he
                 that
                 offended
                 in
                 Ferdwite
                 ,
                 that
                 is
                 ,
                 in
                 not
                 going
                 forth
                 in
                 the
                 Expedition
                 ,
                 was
                 certainly
                 fin'd
                 at
                 120
                 2
                 .
                 Fourthly
                 ,
                 whereas
                 every
                 Lord
                 among
                 us
                 had
                 the
                 fine
                 assess'd
                 by
                 Parliament
                 of
                 his
                 own
                 Tenant
                 for
                 the
                 Lands
                 holden
                 of
                 himself
                 ;
                 the
                 King
                 among
                 the
                 Saxons
                 had
                 the
                 fine
                 aforesaid
                 of
                 every
                 delinquent
                 ,
                 whose
                 Tenant
                 or
                 follower
                 soever
                 he
                 were
                 ,
                 by
                 all
                 the
                 Laws
                 of
                 the
                 kingdom
                 ,
                 that
                 is
                 to
                 say
                 ,
                 by
                 the
                 West-Saxon
                 Law
                 ,
                 by
                 the
                 Mercian
                 ,
                 and
                 by
                 the
                 Dane
                 Law
                 ;
                 tho'
                 otherwise
                 they
                 differ'd
                 3
                 in
                 their
                 Heriots
                 ,
                 and
                 many
                 particular
                 customs
                 .
                 So
                 that
                 to
                 talk
                 of
                 Escuage
                 among
                 the
                 Saxons
                 ,
                 is
                 without
                 all
                 colour
                 or
                 probability
                 as
                 I
                 take
                 it
                 .
              
            
             
               
                 CHAP.
                 XXIII
                 .
              
               
                 No
                 Feodal
                 Escheate
                 of
                 Hereditary
                 Lands
                 among
                 the
                 Saxons
                 .
              
               
                 
                 EScheats
                 (
                 of
                 Eschoeir
                 in
                 French
                 )
                 signifieth
                 things
                 coming
                 accidentally
                 ,
                 as
                 on
                 the
                 by
                 or
                 by
                 chance
                 .
                 The
                 F●odists
                 therefore
                 call
                 them
                 
                   Caduca
                   (
                   a
                   cadendo
                
                 )
                 and
                 excadentias
                 ;
                 the
                 black
                 book
                 of
                 the
                 Exchequer
                 
                   Escaetas
                   ,
                   excidentia
                
                 and
                 excadentia
                 :
                 but
                 among
                 our
                 Saxons
                 I
                 find
                 no
                 word
                 to
                 express
                 them
                 either
                 properly
                 or
                 paraphrastically
                 .
                 In
                 our
                 Law
                 they
                 be
                 of
                 two
                 sorts
                 ,
                 
                   Regal
                   Escheats
                
                 and
                 
                   Feodal
                   .
                   Regal
                
                 are
                 those
                 obventions
                 and
                 forfeitures
                 which
                 belong
                 generally
                 to
                 Kings
                 by
                 the
                 ancient
                 right
                 of
                 their
                 Crowns
                 and
                 supreme
                 dignity
                 .
                 Thus
                 King
                 David
                 gave
                 the
                 lands
                 of
                 Mephibosheth
                 accused
                 of
                 Treason
                 ,
                 unto
                 Ziba
                 (
                 tho'
                 too
                 hastily
                 .
                 )
                 Feodal
                 are
                 those
                 which
                 accrue
                 to
                 every
                 
                   Feodal
                   Lord
                
                 as
                 well
                 as
                 to
                 the
                 King
                 ,
                 by
                 reason
                 of
                 his
                 Seignory
                 ,
                 and
                 of
                 all
                 the
                 fruits
                 of
                 Tenure
                 none
                 so
                 great
                 as
                 this
                 (
                 if
                 we
                 may
                 call
                 it
                 a
                 fruit
                 )
                 where
                 the
                 feud
                 or
                 tree
                 it self
                 resulteth
                 back
                 unto
                 the
                 Lord.
                 Let
                 us
                 see
                 therefore
                 if
                 we
                 find
                 any
                 of
                 these
                 
                   Feodal
                   Escheats
                
                 among
                 the
                 Saxons
                 .
              
               
                 
                 There
                 is
                 a
                 shrewd
                 text
                 (
                 I
                 confess
                 )
                 in
                 Canutus
                 his
                 Laws
                 .
                 
                   Qui
                   fugiet
                   à
                   domino
                   suo
                   vel
                   socio
                   pro
                   timiditate
                   in
                   expeditione
                   navali
                   vel
                   terrestri
                   ,
                   perdat
                   omne
                   quod
                   suum
                   est
                   ,
                   &
                   suam
                   ipsius
                   vitam
                   ,
                   &
                   manus
                   mittat
                   dominus
                   ad
                   terram
                   quam
                   ei
                   dederat
                   ,
                   &
                   si
                   terram
                   haereditariam
                   habeat
                   ,
                   ipsa
                   in
                   manum
                   Regis
                   transeat
                   .
                
                 Here
                 is
                 the
                 appearance
                 of
                 a
                 Tenure
                 ,
                 of
                 a
                 Feud
                 ,
                 of
                 a
                 Forfeiture
                 ,
                 and
                 of
                 an
                 Escheat
                 .
                 The
                 Tenure
                 lyeth
                 between
                 the
                 Lord
                 and
                 his
                 fugitive
                 Vassal
                 ,
                 whom
                 the
                 Saxons
                 and
                 Germans
                 called
                 his
                 Man
                 ,
                 we
                 his
                 Tenant
                 .
                 The
                 Feud
                 in
                 the
                 Land
                 ,
                 
                 
                   quam
                   d●m●nus
                   ●i
                   dederat
                
                 .
                 The
                 
                   forfeiture
                   ,
                   in
                   fugiendo
                
                 ,
                 in
                 the
                 Vassals
                 running
                 away
                 .
                 And
                 the
                 Es●heat
                 ,
                 in
                 the
                 Lord
                 's
                 seizing
                 of
                 the
                 land
                 :
                 
                   manus
                   mittat
                   dominus
                   in
                   terram
                   quam
                   ei
                   dederat
                   ,
                
                 Let
                 the
                 Lord
                 take
                 back
                 the
                 estate
                 which
                 he
                 gave
                 in
                 the
                 temporary
                 feud
                 :
                 But
                 for
                 the
                 hereditary
                 land
                 ,
                 he
                 saith
                 ,
                 transeat
                 (
                 non
                 
                   redeat
                   )
                   in
                   manum
                   Regis
                
                 .
                 All
                 this
                 is
                 nothing
                 in
                 our
                 case
                 ;
                 for
                 I
                 declared
                 in
                 the
                 beginning
                 that
                 our
                 question
                 was
                 fix'd
                 upon
                 such
                 feuds
                 as
                 the
                 Law
                 of
                 England
                 taketh
                 notice
                 of
                 at
                 this
                 day
                 ,
                 that
                 is
                 ,
                 of
                 feuds
                 after
                 they
                 were
                 become
                 hereditary
                 and
                 perpetual
                 ,
                 not
                 of
                 those
                 mention'd
                 by
                 
                   Gerardus
                   Niger
                
                 ,
                 which
                 were
                 temporary
                 as
                 at
                 will
                 of
                 the
                 Lord
                 ,
                 or
                 for
                 years
                 ,
                 or
                 for
                 life
                 ,
                 like
                 them
                 here
                 intended
                 by
                 Canutus
                 .
                 This
                 very
                 Law
                 observeth
                 the
                 difference
                 ,
                 and
                 discovereth
                 also
                 that
                 feuds
                 were
                 not
                 hereditary
                 in
                 his
                 time
                 ,
                 and
                 therefore
                 giveth
                 the
                 
                   feodal
                   land
                
                 ,
                 being
                 but
                 a
                 temporary
                 estate
                 ,
                 back
                 unto
                 the
                 Lord
                 (
                 in
                 whom
                 the
                 Reversion
                 was
                 by
                 inheritance
                 )
                 as
                 a
                 feodal
                 right
                 ,
                 but
                 giveth
                 the
                 hereditary
                 Lands
                 unto
                 the
                 King
                 as
                 a
                 
                   Regal
                   Escheat
                
                 ;
                 for
                 that
                 there
                 was
                 no
                 mean
                 or
                 intervenient
                 Lord
                 to
                 claim
                 them
                 by
                 any
                 
                   feodal
                   tenure
                
                 ,
                 for
                 that
                 the
                 hereditary
                 lands
                 among
                 the
                 Saxons
                 (
                 otherwise
                 called
                 Bocland
                 )
                 were
                 holden
                 of
                 no
                 body
                 ,
                 nor
                 subject
                 to
                 any
                 feodal
                 service
                 ,
                 (
                 as
                 we
                 have
                 often
                 declared
                 )
                 and
                 could
                 not
                 therefore
                 Escheat
                 unto
                 any
                 feodal
                 Lord.
                 The
                 Kentish
                 custom
                 of
                 
                   the
                   father
                   to
                   the
                   Bough
                   and
                   the
                   son
                   to
                   the
                   Plough
                   ,
                
                 suggesteth
                 as
                 much
                 ,
                 and
                 sheweth
                 also
                 to
                 have
                 been
                 the
                 general
                 use
                 of
                 England
                 ,
                 till
                 the
                 Conquerour
                 introducing
                 hereditary
                 feuds
                 ,
                 put
                 upon
                 us
                 therewith
                 these
                 greater
                 feodal
                 servitudes
                 of
                 
                   Wardship
                   ,
                   Marriage
                   ,
                   Escheats
                
                 ,
                 &c.
                 
                 So
                 that
                 the
                 hereditary
                 lands
                 not
                 being
                 feodal
                 in
                 the
                 Saxon's
                 time
                 ,
                 nor
                 the
                 
                   feodal
                   lands
                
                 hereditary
                 ;
                 there
                 could
                 then
                 be
                 no
                 
                   feodal
                   Escheats
                
                 among
                 them
                 .
                 And
                 I
                 take
                 it
                 to
                 be
                 considerable
                 whether
                 the
                 land
                 resumed
                 by
                 the
                 Lord
                 upon
                 his
                 Vassal's
                 running
                 away
                 ,
                 be
                 properly
                 an
                 Escheat
                 by
                 the
                 Law
                 of
                 Canutus
                 ,
                 or
                 rather
                 a
                 penalty
                 only
                 impos'd
                 in
                 this
                 particular
                 case
                 .
              
            
             
               
                 CHAP.
                 XXIV
                 .
              
               
                 Thaneland
                 and
                 Reveland
                 what
                 :
                 no
                 marks
                 of
                 Tenure
                 but
                 distinctions
                 of
                 Land-holders
                 .
              
               
                 
                 THere
                 is
                 yet
                 another
                 assertion
                 ,
                 rather
                 shewed
                 than
                 proved
                 ,
                 1
                 That
                 the
                 
                   Thani
                   majores
                
                 or
                 
                   King's
                   Thanes
                
                 ,
                 held
                 by
                 personal
                 service
                 of
                 the
                 King's
                 person
                 by
                 
                   Grand
                   Serjanty
                
                 or
                 
                   Knights-service
                   in
                   Capite
                
                 .
                 And
                 the
                 reason
                 following
                 is
                 ,
                 that
                 the
                 land
                 so
                 held
                 was
                 in
                 those
                 times
                 called
                 Thane-land
                 ,
                 as
                 land
                 
                 holden
                 in
                 Socage
                 was
                 called
                 Reveland
                 :
                 so
                 frequently
                 in
                 Doomsday
                 2
                 ,
                 
                   Haec
                   terra
                   fuit
                   terra
                   Regis
                   Edwardi
                   Thainland
                   ,
                   sed
                   postea
                   conversa
                   est
                   in
                   Reveland
                
                 ;
                 Coke's
                 Instit
                 .
                 §
                 .
                 117.
                 
                 Thus
                 the
                 Report
                 dischargeth
                 it self
                 upon
                 my
                 Lord
                 Coke
                 ,
                 whose
                 words
                 be
                 these
                 ,
                 
                   It
                   is
                   to
                   be
                   observ'd
                   that
                   in
                   the
                   book
                   of
                   Doomsday
                   ,
                   land
                   holden
                   by
                   Knights-service
                   was
                   called
                   Thainland
                   ,
                   and
                   land
                   holden
                   by
                   Socage
                   was
                   called
                   Reveland
                   .
                
                 I
                 reverence
                 the
                 opinion
                 of
                 that
                 famous
                 Lawyer
                 with
                 admiration
                 ,
                 but
                 I
                 suppose
                 he
                 speaketh
                 not
                 this
                 
                   ex
                   tripode
                   juridico
                
                 .
                 For
                 it
                 is
                 impossible
                 ,
                 that
                 it
                 and
                 that
                 which
                 is
                 before
                 deliver'd
                 out
                 of
                 the
                 very
                 Charters
                 of
                 the
                 Saxon
                 Kings
                 themselves
                 ,
                 should
                 stand
                 together
                 ,
                 viz.
                 That
                 their
                 Thanelands
                 should
                 be
                 
                   liberae
                   ab
                   omni
                   seculari
                   gravedine
                
                 ,
                 and
                 yet
                 be
                 subject
                 to
                 that
                 which
                 of
                 all
                 other
                 was
                 most
                 grievous
                 ,
                 viz.
                 our
                 
                   Knights-service
                   in
                   Capite
                
                 .
                 It
                 may
                 be
                 answered
                 ,
                 (
                 as
                 the
                 Report
                 3
                 in
                 another
                 place
                 delivereth
                 positively
                 )
                 
                   That
                   
                     Tenure
                     in
                     Capite
                  
                   cannot
                   be
                   transferred
                   or
                   extinct
                   by
                   release
                   or
                   grant
                   ;
                   for
                   it
                   is
                   an
                   incident
                   inseparably
                   annexed
                   to
                   the
                   Crown
                   .
                
                 The
                 answer
                 were
                 
                 good
                 if
                 once
                 they
                 had
                 made
                 it
                 appear
                 that
                 both
                 this
                 Tenure
                 and
                 this
                 Law
                 were
                 in
                 force
                 in
                 the
                 Saxons
                 time
                 .
                 There
                 is
                 nothing
                 shew'd
                 to
                 prove
                 that
                 suggestion
                 ,
                 and
                 were
                 it
                 true
                 I
                 should
                 desire
                 no
                 better
                 argument
                 on
                 my
                 behalf
                 than
                 what
                 the
                 place
                 it self
                 bringeth
                 with
                 it
                 .
                 For
                 if
                 Thaneland
                 were
                 converted
                 into
                 Reveland
                 ,
                 and
                 that
                 Reveland
                 signify
                 Socage-land
                 ,
                 then
                 it
                 is
                 as
                 manifest
                 as
                 the
                 Sun
                 ,
                 that
                 Tainland
                 did
                 not
                 signify
                 land
                 holden
                 by
                 
                   Knights-service
                   in
                   Capite
                
                 ;
                 for
                 if
                 it
                 did
                 ,
                 then
                 could
                 it
                 not
                 decline
                 into
                 
                 Socage-Tenure
                 ,
                 as
                 their
                 own
                 Maxime
                 doth
                 demonstrate
                 .
              
               
                 
                 If
                 there
                 be
                 a
                 cloud
                 before
                 this
                 Sun
                 ,
                 I
                 shall
                 remove
                 it
                 also
                 .
                 My
                 Lord
                 Coke
                 citing
                 this
                 place
                 out
                 of
                 Doomsday
                 ,
                 noteth
                 in
                 the
                 margin
                 Herefords●
                 .
                 but
                 delivereth
                 both
                 the
                 title
                 and
                 the
                 text
                 by
                 halfs
                 .
                 The
                 title
                 is
                 
                   Hereford
                   .
                   Rex
                
                 .
                 the
                 text
                 thus
                 :
                 
                   Haec
                   terra
                   fuit
                   tempore
                   Edwardi
                   Regis
                   Tainland
                   ,
                   sed
                   postea
                   conversa
                   est
                   in
                   Reveland
                   .
                   Et
                   idem
                   dicunt
                   legati
                   Regis
                   quod
                   ipsa
                   terra
                   &
                   census
                   qui
                   inde
                   exit
                   ,
                   furtim
                   aufertur
                   Regi
                   .
                
                 The
                 very
                 title
                 discovers
                 the
                 Tenure
                 ,
                 for
                 if
                 it
                 be
                 
                   Terra
                   Regis
                
                 ,
                 (
                 as
                 the
                 word
                 Rex
                 declareth
                 it
                 )
                 then
                 it
                 is
                 plainly
                 
                   Ancient
                   Demesne
                
                 ,
                 and
                 every
                 Lawyer
                 will
                 tell
                 us
                 ,
                 that
                 in
                 
                   ancient
                   Demesne
                
                 there
                 was
                 no
                 Tenure
                 by
                 Knights-service
                 ,
                 but
                 wholly
                 in
                 Socage
                 .
                 So
                 that
                 this
                 cloud
                 now
                 vanisheth
                 into
                 the
                 air
                 ,
                 and
                 our
                 Tainland
                 is
                 clearly
                 discovered
                 to
                 be
                 but
                 Socage
                 .
                 I
                 shall
                 speak
                 more
                 of
                 it
                 afterwards
                 .
              
               
                 
                 But
                 what
                 construction
                 shall
                 we
                 now
                 find
                 for
                 the
                 words
                 in
                 
                   Doomsday
                   ,
                   Tainland
                   conversa
                   est
                   in
                   Reveland
                   .
                   (
                   Hoc
                   opus
                   ,
                   hic
                   labor
                   est
                   .
                   )
                
                 It
                 is
                 sufficient
                 for
                 me
                 to
                 have
                 quit
                 my self
                 of
                 the
                 objection
                 ,
                 they
                 must
                 seek
                 some
                 new
                 interpretation
                 .
                 Yet
                 will
                 I
                 help
                 them
                 what
                 I
                 can
                 in
                 that
                 also
                 :
                 I
                 suppose
                 that
                 the
                 land
                 which
                 is
                 here
                 said
                 to
                 have
                 been
                 
                   Thaneland
                   ,
                   T.
                   E.
                   R.
                
                 and
                 after
                 converted
                 into
                 
                 Reveland
                 :
                 was
                 such
                 land
                 as
                 being
                 reverted
                 to
                 the
                 King
                 after
                 the
                 death
                 of
                 his
                 Thane
                 ,
                 who
                 had
                 it
                 for
                 life
                 ,
                 was
                 not
                 since
                 granted
                 out
                 to
                 any
                 by
                 the
                 King
                 ,
                 but
                 rested
                 in
                 charge
                 upon
                 the
                 account
                 of
                 the
                 Reve
                 or
                 Bailiff
                 of
                 the
                 Mannour
                 ,
                 who
                 (
                 as
                 it
                 seemeth
                 )
                 being
                 in
                 this
                 Lordship
                 of
                 Hereford
                 ,
                 like
                 the
                 Reve
                 in
                 Chaucer
                 ,
                 a
                 false
                 brother
                 ,
                 concealed
                 the
                 land
                 from
                 the
                 Auditor
                 and
                 kept
                 the
                 profit
                 of
                 it
                 to
                 himself
                 ;
                 till
                 the
                 Surveiors
                 ,
                 who
                 are
                 here
                 called
                 
                   Legati
                   Regis
                
                 ,
                 discovered
                 this
                 falsehood
                 and
                 presented
                 to
                 the
                 King
                 ,
                 that
                 
                   furtim
                   aufertur
                   Regi
                
                 ,
                 as
                 by
                 the
                 words
                 in
                 the
                 latter
                 part
                 of
                 the
                 paragraph
                 (
                 which
                 my
                 Lord
                 Coke
                 reciteth
                 )
                 appeareth
                 .
                 Besides
                 all
                 this
                 ,
                 why
                 should
                 the
                 coming
                 of
                 these
                 lands
                 into
                 the
                 Reve's
                 accompt
                 ,
                 alter
                 the
                 nature
                 of
                 the
                 Tenure
                 ,
                 seeing
                 all
                 men
                 know
                 that
                 the
                 Reves
                 and
                 Bailiffs
                 of
                 Mannours
                 govern
                 and
                 dispose
                 the
                 lands
                 thereof
                 ,
                 as
                 well
                 which
                 are
                 holden
                 by
                 Knights-service
                 as
                 those
                 in
                 Socage
                 .
              
               
                 
                 As
                 for
                 the
                 old
                 French
                 
                   MS.
                   
                   Custumary
                
                 (
                 which
                 they
                 affirm
                 doth
                 mention
                 
                   Tenures
                   by
                   Knights-service
                
                 ,
                 long
                 before
                 the
                 Saxons
                 even
                 in
                 the
                 time
                 of
                 the
                 
                   Britains
                   ;
                
                 )
                 I
                 doubt
                 not
                 but
                 there
                 may
                 be
                 such
                 a
                 passage
                 in
                 it
                 ;
                 for
                 the
                 Law
                 which
                 they
                 ascribe
                 to
                 Edward
                 the
                 Confessour
                 for
                 proving
                 Feuds
                 to
                 be
                 in
                 use
                 in
                 his
                 time
                 ,
                 affirmeth
                 also
                 that
                 the
                 
                   Laws
                   ,
                   Dignities
                   ,
                   Liberties
                
                 ,
                 &c.
                 of
                 the
                 City
                 of
                 London
                 were
                 at
                 that
                 day
                 the
                 same
                 which
                 were
                 in
                 
                   Old
                   Great
                   Troy.
                
                 But
                 as
                 they
                 in
                 the
                 Report
                 wave
                 the
                 one
                 ,
                 so
                 I
                 take
                 them
                 both
                 for
                 Romances
                 ,
                 and
                 pass
                 them
                 over
                 as
                 not
                 worth
                 an
                 answer
                 .
              
               
                 Having
                 thus
                 particularly
                 answered
                 every
                 argument
                 ,
                 inference
                 and
                 objection
                 ,
                 produced
                 in
                 the
                 Report
                 ,
                 to
                 prove
                 our
                 Feuds
                 and
                 Form
                 of
                 Tenures
                 to
                 have
                 been
                 in
                 use
                 amongst
                 our
                 Saxons
                 ;
                 I
                 shall
                 now
                 conclude
                 that
                 it
                 neither
                 was
                 nor
                 could
                 be
                 so
                 ,
                 unless
                 we
                 shall
                 assume
                 that
                 our
                 poor
                 illiterate
                 Saxons
                 (
                 in
                 a
                 corner
                 of
                 the
                 World
                 )
                 were
                 the
                 Authors
                 of
                 the
                 
                   Feodal
                   Law
                
                 ,
                 and
                 gave
                 the
                 precedent
                 thereof
                 to
                 the
                 
                   Germans
                   ,
                   Longobards
                   ,
                   French
                   ,
                   Italians
                   ,
                
                 and
                 the
                 Empire
                 .
                 For
                 in
                 none
                 of
                 these
                 was
                 it
                 otherwise
                 extant
                 (
                 till
                 about
                 the
                 end
                 of
                 our
                 Saxon
                 Monarchy
                 ;
                 )
                 then
                 by
                 such
                 budds
                 and
                 branches
                 as
                 we
                 formerly
                 have
                 expressed
                 out
                 of
                 
                   Caesar
                   ,
                   Tacitus
                
                 ,
                 and
                 some
                 other
                 .
              
            
             
               
               
                 CHAP.
                 XXV
                 .
              
               
                 How
                 the
                 Saxons
                 held
                 their
                 Lands
                 ,
                 and
                 what
                 obliged
                 them
                 to
                 so
                 many
                 kinds
                 of
                 Services
                 .
              
               
                 IT
                 cometh
                 now
                 in
                 question
                 ,
                 how
                 the
                 Saxons
                 held
                 their
                 lands
                 ,
                 and
                 what
                 obliged
                 them
                 to
                 that
                 multitude
                 of
                 services
                 which
                 lay
                 upon
                 them
                 both
                 in
                 war
                 and
                 peace
                 .
              
               
                 
                 As
                 for
                 Tenures
                 ,
                 I
                 still
                 say
                 that
                 they
                 had
                 not
                 the
                 name
                 in
                 use
                 among
                 them
                 ,
                 yet
                 (
                 like
                 the
                 Jews
                 ,
                 the
                 Greeks
                 ,
                 the
                 Romans
                 ,
                 and
                 other
                 ancient
                 Nations
                 )
                 a
                 multitude
                 of
                 services
                 ,
                 whereof
                 some
                 were
                 personal
                 ,
                 and
                 some
                 praedial
                 .
              
               
                 
                 Personal
                 services
                 were
                 those
                 which
                 a
                 man
                 did
                 for
                 his
                 person
                 or
                 personal
                 Estate
                 ,
                 either
                 generally
                 to
                 the
                 King
                 and
                 Common-wealth
                 in
                 publick
                 occasions
                 ,
                 as
                 in
                 the
                 
                   Trinodi
                   necessitate
                
                 ,
                 &c.
                 or
                 particularly
                 to
                 his
                 own
                 Lord
                 upon
                 particular
                 agreement
                 between
                 them
                 ,
                 like
                 the
                 Commendati
                 before
                 mentioned
                 ,
                 and
                 some
                 ministerial
                 Officers
                 and
                 domestick
                 servants
                 .
              
               
                 
                 Praedial
                 service
                 was
                 that
                 which
                 was
                 done
                 after
                 the
                 same
                 manner
                 (
                 to
                 the
                 King
                 or
                 his
                 Lord
                 )
                 for
                 land
                 only
                 ;
                 and
                 this
                 was
                 of
                 three
                 sorts
                 ,
                 
                   Alodial
                   ,
                   Beneficiary
                
                 ,
                 and
                 Colonical
                 .
              
               
                 
                 
                   Alodial
                   service
                
                 was
                 that
                 which
                 the
                 
                   Greater
                   Thanes
                
                 and
                 other
                 who
                 had
                 
                   Alodial
                   land
                
                 (
                 otherwise
                 called
                 Bocland
                 ,
                 and
                 as
                 I
                 take
                 it
                 Gavelkind
                 and
                 
                   Hereditary
                   land
                
                 )
                 were
                 tyed
                 to
                 do
                 
                   pro
                   bono
                   publico
                
                 to
                 the
                 King
                 and
                 Common-wealth
                 ,
                 in
                 respect
                 of
                 those
                 Lands
                 ;
                 tho'
                 by
                 the
                 
                   Feudal
                   law
                
                 that
                 kind
                 of
                 land
                 was
                 free
                 from
                 all
                 Tenure
                 and
                 
                   Feodal
                   service
                
                 .
                 I
                 should
                 not
                 therefore
                 use
                 this
                 solecism
                 to
                 call
                 them
                 services
                 ,
                 if
                 the
                 Dialect
                 of
                 our
                 Law
                 afforded
                 me
                 some
                 other
                 fit
                 expression
                 ;
                 but
                 the
                 Saxons
                 themselves
                 term'd
                 them
                 Land-rights
                 not
                 services
                 ,
                 of
                 which
                 sort
                 were
                 the
                 
                   Trinodis
                   necessitas
                
                 of
                 
                   Expedition
                   ,
                   Burghbote
                
                 and
                 Brigbote
                 ,
                 the
                 guarding
                 of
                 the
                 sea
                 and
                 of
                 the
                 peace
                 ,
                 attendance
                 upon
                 the
                 King's
                 summons
                 for
                 his
                 Park
                 or
                 Palace
                 before
                 expressed
                 ,
                 and
                 besides
                 them
                 all
                 the
                 Tribute
                 of
                 Danegelt
                 ,
                 &c.
                 
              
               
                 
                 
                   Beneficiary
                   services
                
                 were
                 those
                 ,
                 which
                 were
                 done
                 by
                 the
                 midling
                 or
                 
                   lesser
                   Thanes
                
                 to
                 the
                 King
                 ,
                 and
                 the
                 
                   greater
                   Thanes
                
                 either
                 militarily
                 in
                 war
                 ,
                 or
                 ministerially
                 in
                 peace
                 ,
                 for
                 those
                 portions
                 of
                 Out-land
                 ,
                 which
                 being
                 granted
                 to
                 them
                 temporarily
                 (
                 as
                 at
                 will
                 of
                 the
                 Lord
                 or
                 for
                 life
                 or
                 lives
                 )
                 were
                 then
                 called
                 Beneficia
                 ,
                 but
                 being
                 extended
                 after
                 to
                 perpetuity
                 ,
                 they
                 were
                 named
                 by
                 the
                 Normans
                 Feoda
                 .
                 The
                 Creation
                 ,
                 manner
                 ,
                 variety
                 ,
                 and
                 multitude
                 of
                 them
                 ,
                 you
                 shall
                 see
                 in
                 the
                 Charter
                 of
                 Bishop
                 Oswald
                 ,
                 by
                 and
                 by
                 ensuing
                 .
              
               
                 
                 
                   Colonical
                   services
                
                 were
                 those
                 which
                 were
                 done
                 by
                 the
                 Ceorls
                 and
                 Socmen
                 ,
                 (
                 that
                 is
                 ,
                 Husbandmen
                 )
                 to
                 their
                 Lords
                 (
                 the
                 King
                 and
                 Thanes
                 )
                 of
                 all
                 sorts
                 ,
                 for
                 some
                 portions
                 also
                 of
                 their
                 Out-lands
                 .
                 These
                 were
                 after
                 called
                 
                   feoda
                   rustica
                
                 beyond
                 the
                 Seas
                 ,
                 with
                 us
                 
                 Socage-lands
                 ,
                 and
                 were
                 holden
                 at
                 pleasure
                 of
                 their
                 Lords
                 either
                 by
                 rendring
                 part
                 of
                 the
                 profits
                 thereupon
                 growing
                 or
                 reared
                 ,
                 as
                 victuals
                 especially
                 ,
                 in
                 Saxon
                 called
                 Feorms
                 ,
                 &c.
                 (
                 whereof
                 see
                 the
                 rates
                 in
                 the
                 Laws
                 of
                 King
                 Ina
                 ,
                 Chap.
                 70.
                 )
                 or
                 by
                 doing
                 some
                 works
                 of
                 Husbandry
                 upon
                 the
                 Lord's
                 Inlands
                 now
                 called
                 his
                 Demeans
                 ,
                 as
                 Tillage
                 ,
                 Carriage
                 ,
                 Harvest-works
                 ,
                 &c.
                 
              
               
                 Among
                 all
                 these
                 diversities
                 of
                 services
                 ,
                 none
                 cometh
                 so
                 near
                 to
                 the
                 nature
                 of
                 Feuds
                 and
                 Tenures
                 ,
                 as
                 the
                 Beneficiary
                 do
                 .
                 Let
                 us
                 therefore
                 consider
                 them
                 the
                 more
                 seriously
                 by
                 that
                 notable
                 pattern
                 of
                 them
                 left
                 unto
                 us
                 from
                 Bishop
                 Oswald
                 ,
                 who
                 dividing
                 much
                 of
                 the
                 land
                 of
                 his
                 Church
                 of
                 Worcester
                 into
                 those
                 kind
                 of
                 portions
                 ,
                 which
                 after
                 the
                 Feodal
                 word
                 then
                 in
                 use
                 he
                 called
                 Beneficia
                 ,
                 granted
                 the
                 same
                 unto
                 his
                 Thanes
                 and
                 followers
                 ,
                 not
                 by
                 the
                 name
                 of
                 
                 his
                 milites
                 or
                 tenentes
                 ,
                 but
                 of
                 his
                 
                   fidos
                   subditos
                
                 ,
                 for
                 the
                 term
                 of
                 three
                 lives
                 (
                 according
                 to
                 the
                 manner
                 which
                 they
                 retain
                 in
                 those
                 parts
                 even
                 to
                 this
                 day
                 )
                 and
                 reserving
                 to
                 his
                 Church
                 and
                 successors
                 not
                 
                   homagium
                   &
                   s●rvitium
                
                 ,
                 the
                 material
                 words
                 in
                 Tenure
                 to
                 create
                 Knights-service
                 in
                 the
                 
                   Feodal
                   Law
                
                 ,
                 but
                 the
                 services
                 mentioned
                 in
                 his
                 Charter
                 
                   secundum
                   Conventionem
                   cum
                   eis
                   factam
                   &
                   sponsionem
                   suam
                   ,
                
                 as
                 the
                 very
                 words
                 are
                 there
                 expresly
                 .
                 But
                 hear
                 the
                 Charter
                 or
                 rather
                 Epistle
                 as
                 he
                 himself
                 calleth
                 it
                 ,
                 which
                 the
                 King
                 confirmed
                 and
                 a
                 Councell
                 .
                 The
                 Aranga
                 or
                 preamble
                 of
                 it
                 is
                 a
                 thankful
                 acknowledgement
                 of
                 King
                 Edgar's
                 bounty
                 and
                 goodness
                 to
                 him
                 (
                 the
                 Bishop
                 )
                 and
                 his
                 Church
                 ;
                 the
                 conclusion
                 (
                 after
                 the
                 manner
                 of
                 those
                 times
                 )
                 a
                 curse
                 and
                 heavy
                 imprecation
                 against
                 all
                 such
                 as
                 shall
                 spoil
                 or
                 violate
                 the
                 same
                 .
                 Both
                 which
                 being
                 long
                 and
                 nothing
                 to
                 our
                 purpose
                 ,
                 I
                 think
                 convenient
                 here
                 to
                 pretermit
                 .
                 The
                 rest
                 is
                 as
                 followeth
                 under
                 the
                 title
                 given
                 it
                 in
                 the
                 Manuscript
                 .
              
            
             
               
                 CHAP.
                 XXVI
                 .
              
               
                 The
                 Charter
                 whereby
                 Oswald
                 Bishop
                 of
                 Worcester
                 disposed
                 divers
                 lands
                 of
                 his
                 Church
                 after
                 the
                 Feodal
                 manner
                 of
                 that
                 time
                 ,
                 entituled
                 ,
                 
                   Indiculum
                   libertatis
                   de
                   Oswaldes-Lawes-Hundred
                
                 .
              
               
                 DOmino
                 meo
                 charissimo
                 Regi
                 Anglorum
                 Edgaro
                 ,
                 ego
                 
                   Oswaldus
                   Wigorniensis
                
                 Ecclesiae
                 Episcopus
                 ,
                 &c.
                 Quare
                 quomodo
                 fidos
                 mihi
                 subditos
                 telluribus
                 quae
                 meae
                 traditae
                 sunt
                 potestati
                 per
                 spatium
                 temporis
                 ,
                 trium
                 hominum
                 id
                 est
                 duorum
                 post
                 se
                 haeredum
                 ,
                 condonarem
                 ,
                 placuit
                 tam
                 mihi
                 quam
                 ipsis
                 fautoribus
                 &
                 consiliariis
                 meis
                 ,
                 cum
                 ipsius
                 Domini
                 mei
                 regis
                 licentia
                 &
                 attestatione
                 ,
                 ut
                 fratribus
                 meis
                 successoribus
                 scil
                 .
                 Episcopis
                 per
                 Chirographi
                 cautionem
                 apertius
                 enuclearem
                 ,
                 ut
                 sciant
                 quid
                 ab
                 eis
                 extorquere
                 juste
                 debeant
                 secundum
                 conventionem
                 cum
                 eis
                 factam
                 ,
                 &
                 sponsionem
                 suam
                 ;
                 unde
                 &
                 hanc
                 Epistolam
                 ob
                 cautelae
                 causam
                 componere
                 studui
                 ,
                 nequis
                 malignae
                 cupiditatis
                 instinctu
                 hoc
                 sequenti
                 tempore
                 mutare
                 volens
                 ,
                 abjurare
                 a
                 servitio
                 Ecclesiae
                 queat
                 .
              
               
                 Haec
                 itaque
                 conventio
                 cum
                 eis
                 facta
                 est
                 ,
                 ipso
                 Domino
                 meo
                 Rege
                 annuente
                 ,
                 &
                 sua
                 attestatione
                 munificentae
                 suae
                 largitatem
                 roborante
                 &
                 confirmante
                 ,
                 omnibusque
                 ipsius
                 regiminis
                 sapientibus
                 &
                 principibus
                 attestantibus
                 &
                 consentientibus
                 ,
                 hoc
                 pacto
                 eis
                 terras
                 Sanctae
                 Ecclesiae
                 sub
                 me
                 tenere
                 concessi
                 :
                 Hoc
                 est
                 ut
                 omnis
                 Equitandi
                 lex
                 ab
                 eis
                 impleatur
                 ,
                 quae
                 ad
                 Equites
                 pertinet
                 ,
                 &
                 ut
                 pleniter
                 persolvant
                 omnia
                 quae
                 ad
                 jus
                 ipsius
                 Ecclesiae
                 juste
                 competunt
                 ,
                 scil
                 .
                 ea
                 quae
                 Anglice
                 dicuntur
                 
                   Ciricsceott
                   &
                   Toll
                
                 ,
                 id
                 est
                 thelonium
                 ,
                 &
                 Tacc
                 id
                 est
                 swinseade
                 ,
                 &
                 caetera
                 jura
                 Ecclesiae
                 ,
                 nisi
                 Episcopus
                 alicui
                 eorum
                 quid
                 pardonare
                 voluerit
                 ,
                 seseque
                 quamdiu
                 ipsas
                 terras
                 tenent
                 in
                 mandatis
                 Pontificis
                 humiliter
                 cum
                 omni
                 subjectione
                 perseverare
                 etiam
                 jurejurando
                 affirment
                 .
              
               
                 Super
                 haec
                 etiam
                 ad
                 omnis
                 industriae
                 Episcopi
                 indigentiam
                 semet
                 ipsos
                 praesto
                 impendant
                 ,
                 Equos
                 praestent
                 ,
                 ipsi
                 Equitent
                 ,
                 &
                 ad
                 totum
                 piramiticum
                 opus
                 Ecclesiae
                 calcis
                 atque
                 ad
                 Pontis
                 aedificum
                 ultro
                 inveniantur
                 parati
                 .
                 Sed
                 &
                 Venationis
                 sepem
                 Domini
                 Episcopi
                 ultronei
                 ad
                 aedificandum
                 repperiantur
                 ,
                 suaque
                 quandocunque
                 Domino
                 Episcopo
                 libuerit
                 Venabula
                 destinent
                 Venatum
                 .
              
               
                 Insuper
                 ad
                 multas
                 alias
                 indigentiae
                 causas
                 quibus
                 opus
                 est
                 Domino
                 Antistiti
                 saepe
                 furnisci
                 ,
                 sive
                 ad
                 suum
                 servitium
                 sive
                 ad
                 regale
                 explendum
                 :
                 semper
                 illius
                 Archiductoris
                 dominatui
                 &
                 voluntati
                 qui
                 Episcopatui
                 praesidet
                 ,
                 propter
                 beneficium
                 quod
                 illis
                 praestitum
                 est
                 ,
                 cum
                 omni
                 humilitate
                 &
                 subjectione
                 subditi
                 fiant
                 ,
                 secundum
                 ipsius
                 voluntatem
                 ,
                 &
                 terrarum
                 quas
                 quisque
                 possidet
                 quantitatem
                 .
              
               
               
                 Decurso
                 autem
                 praefati
                 temporis
                 curriculo
                 ,
                 viz.
                 duorum
                 qui
                 post
                 eos
                 qui
                 eas
                 mode
                 possident
                 haeredum
                 vitae
                 spatio
                 ,
                 in
                 ipsius
                 Antistitis
                 sit
                 arbitrio
                 ,
                 quid
                 inde
                 velit
                 ,
                 &
                 quomodo
                 sui
                 velle
                 sit
                 inde
                 ita
                 stet
                 ,
                 sive
                 ad
                 suum
                 opus
                 eas
                 retinere
                 si
                 sic
                 sibi
                 utile
                 judicaverit
                 ,
                 sive
                 eas
                 alicui
                 diutius
                 praestare
                 ,
                 si
                 sic
                 sibi
                 placuerit
                 ,
                 velit
                 ,
                 ita
                 duntaxat
                 ut
                 semper
                 Ecclesiae
                 servitia
                 pleniter
                 (
                 ut
                 praefati
                 sumus
                 )
                 inde
                 persolvantur
                 .
                 Ast
                 si
                 quid
                 praefatorum
                 delicti
                 praevaricantis
                 causa
                 defuerit
                 jurum
                 ;
                 praevaricationis
                 delictum
                 secundum
                 quod
                 Praesulis
                 jus
                 est
                 ,
                 emendet
                 :
                 aut
                 illo
                 quo
                 antea
                 potitus
                 est
                 dono
                 &
                 terra
                 careat
                 .
              
               
                 
                   Siquis
                   vero
                   Diabolo
                   instigante
                   ,
                   &c.
                   
                
              
               
                 
                 The
                 sum
                 of
                 all
                 aforesaid
                 is
                 ,
                 that
                 the
                 Bishop's
                 Tenant
                 shall
                 pay
                 and
                 do
                 as
                 followeth
                 .
              
               
                 First
                 ,
                 That
                 they
                 shall
                 perform
                 all
                 duties
                 that
                 belong
                 to
                 Horsemen
                 .
              
               
                 That
                 they
                 shall
                 pay
                 all
                 things
                 that
                 are
                 due
                 unto
                 the
                 Church
                 ,
                 and
                 perform
                 all
                 other
                 rights
                 that
                 belong
                 to
                 it
                 .
              
               
                 That
                 they
                 shall
                 swear
                 to
                 be
                 in
                 all
                 humble
                 subjection
                 at
                 the
                 command
                 of
                 the
                 Bishop
                 ,
                 as
                 long
                 as
                 they
                 shall
                 hold
                 these
                 lands
                 of
                 him
                 .
              
               
                 That
                 as
                 often
                 as
                 the
                 occasion
                 of
                 the
                 Bishops
                 shall
                 so
                 require
                 ,
                 they
                 shall
                 present
                 themselves
                 to
                 be
                 ready
                 for
                 it
                 ,
                 and
                 shall
                 both
                 furnish
                 him
                 with
                 Horses
                 and
                 ride
                 themselves
                 .
              
               
                 That
                 of
                 their
                 own
                 accord
                 they
                 shall
                 be
                 ready
                 to
                 perform
                 all
                 the
                 work
                 about
                 the
                 Steeple
                 of
                 that
                 Church
                 ,
                 and
                 for
                 the
                 building
                 of
                 Castles
                 and
                 Bridges
                 .
              
               
                 That
                 they
                 shall
                 readily
                 help
                 to
                 fence
                 in
                 the
                 Bishop's
                 Parks
                 ,
                 and
                 to
                 furnish
                 him
                 with
                 Hunting
                 weapons
                 ,
                 when
                 he
                 goeth
                 a
                 hunting
                 .
              
               
                 That
                 in
                 many
                 other
                 cases
                 when
                 the
                 occasion
                 of
                 the
                 Lord
                 Bishop
                 shall
                 require
                 ,
                 whether
                 it
                 be
                 for
                 his
                 own
                 service
                 or
                 for
                 the
                 King's
                 service
                 ,
                 they
                 shall
                 in
                 all
                 humbleness
                 and
                 subjection
                 be
                 obedient
                 to
                 the
                 chief
                 Captain
                 or
                 Leader
                 of
                 the
                 Bishoprick
                 ,
                 for
                 the
                 *
                 benefit
                 done
                 unto
                 them
                 ,
                 and
                 the
                 quantity
                 of
                 land
                 which
                 every
                 one
                 of
                 them
                 possesseth
                 .
              
               
                 That
                 after
                 the
                 expiration
                 of
                 the
                 three
                 lives
                 ,
                 the
                 land
                 shall
                 return
                 again
                 to
                 the
                 Bishoprick
                 .
              
               
                 That
                 if
                 there
                 be
                 any
                 defect
                 in
                 performing
                 the
                 premisses
                 by
                 reason
                 that
                 some
                 shall
                 vary
                 or
                 break
                 the
                 agreement
                 ,
                 the
                 Delinquent
                 shall
                 make
                 satisfaction
                 according
                 to
                 the
                 justice
                 of
                 the
                 Bishop
                 ,
                 or
                 shall
                 forfeit
                 the
                 land
                 which
                 he
                 had
                 of
                 his
                 gift
                 .
              
               
                 I
                 suppose
                 that
                 this
                 was
                 the
                 common
                 manner
                 of
                 grants
                 and
                 reservations
                 in
                 those
                 times
                 ,
                 and
                 that
                 they
                 were
                 not
                 made
                 otherwise
                 than
                 for
                 life
                 or
                 three
                 lives
                 ,
                 for
                 so
                 I
                 find
                 them
                 in
                 the
                 Abby-books
                 .
                 And
                 I
                 also
                 suppose
                 that
                 they
                 to
                 whom
                 these
                 lands
                 were
                 granted
                 ,
                 were
                 the
                 
                   Thani
                   Episcopi
                   &
                   Thani
                   Ecclesiae
                
                 ,
                 spoken
                 of
                 in
                 Doomsday-book
                 ,
                 and
                 that
                 the
                 lands
                 themselves
                 were
                 such
                 as
                 in
                 the
                 same
                 book
                 are
                 usually
                 called
                 Thain-lands
                 ,
                 
                   Ecclesiae
                   ,
                   Episcopi
                
                 and
                 Abbatis
                 .
              
               
                 But
                 I
                 see
                 they
                 were
                 laden
                 with
                 many
                 services
                 which
                 the
                 lands
                 of
                 the
                 
                   King's
                   Thane
                
                 ,
                 in
                 respect
                 of
                 his
                 dignity
                 and
                 person
                 ,
                 were
                 free
                 from
                 .
                 Therefore
                 when
                 this
                 very
                 Bishop
                 by
                 another
                 Charter
                 granted
                 
                   tres
                   cassatas
                
                 ,
                 three
                 hydes
                 of
                 land
                 in
                 
                   Cungle
                   ,
                   cuidam
                   Ministro
                   Regis
                
                 ,
                 to
                 one
                 of
                 the
                 
                   King's
                   Thanes
                
                 nam'd
                 Alfwold
                 ,
                 and
                 to
                 his
                 Mother
                 (
                 if
                 she
                 surviv'd
                 )
                 during
                 their
                 lives
                 :
                 he
                 put
                 no
                 service
                 upon
                 the
                 King's
                 Thane
                 ,
                 but
                 saith
                 
                   plena
                   glorietur
                   libertate
                   ,
                   excepta
                   expeditione
                   rata
                   ,
                   Pontis
                   arcisve
                   constructione
                   :
                
                 the
                 common
                 exception
                 in
                 grants
                 unto
                 the
                 
                   Kings
                   Thanes
                
                 as
                 before
                 appeareth
                 ;
                 and
                 yet
                 the
                 services
                 thereby
                 excepted
                 belonged
                 not
                 either
                 to
                 the
                 Bishop
                 or
                 the
                 King
                 himself
                 ,
                 otherwise
                 than
                 
                   pro
                   bono
                   publico
                
                 and
                 common
                 necessity
                 .
              
               
                 After
                 all
                 this
                 I
                 beat
                 still
                 upon
                 the
                 old
                 string
                 ,
                 that
                 here
                 yet
                 is
                 nothing
                 to
                 prove
                 Wardship
                 or
                 Marriage
                 ,
                 or
                 (
                 as
                 the
                 law
                 then
                 stood
                 )
                 a
                 
                   Tenure
                   by
                   Knights-service
                
                 :
                 for
                 we
                 have
                 made
                 it
                 manifest
                 that
                 Expedition
                 and
                 building
                 of
                 Castles
                 and
                 Bridges
                 were
                 no
                 
                   Feodal
                   services
                
                 nor
                 grew
                 by
                 Tenure
                 .
                 And
                 as
                 for
                 these
                 that
                 were
                 tyed
                 to
                 ride
                 and
                 go
                 up
                 and
                 down
                 with
                 their
                 Lord
                 ,
                 Baraterius
                 
                 an
                 old
                 1
                 Feudist
                 saith
                 ,
                 that
                 a
                 
                   Knights
                   fee
                
                 may
                 be
                 given
                 so
                 
                   ut
                   Vassallus
                   in
                   diebus
                   Festivis
                   cum
                   uxore
                   Domini
                   ad
                   Ecclesiam
                   vadat
                   ,
                
                 and
                 the
                 feudal
                 law
                 it self
                 inferreth
                 as
                 much
                 ,
                 Lib.
                 2.
                 
                 Tit.
                 3.
                 
                 But
                 our
                 Bracton
                 speaking
                 of
                 our
                 Law
                 here
                 in
                 
                   England
                   (
                   de
                   Invest
                   .
                   feud
                   .
                   )
                
                 in
                 his
                 time
                 touching
                 such
                 Tenants
                 ,
                 calleth
                 them
                 Rodknights
                 alias
                 
                   Radknights
                   ,
                   Lib.
                
                 2.
                 
                 Cap.
                 35.
                 nu
                 .
                 6.
                 
                   ut
                   siquis
                   debeat
                   equitare
                   cum
                   Domino
                   suo
                   de
                   Manerio
                   in
                   Manerium
                
                 ;
                 and
                 saith
                 not
                 that
                 it
                 is
                 Knight-service
                 ,
                 but
                 that
                 it
                 is
                 a
                 Serjantie
                 ,
                 and
                 that
                 although
                 such
                 sometimes
                 do
                 Homage
                 ,
                 yet
                 the
                 Lord
                 shall
                 not
                 have
                 Ward
                 and
                 Marriage
                 .
                 Admit
                 notwithstanding
                 that
                 it
                 were
                 Knight-service
                 ,
                 and
                 that
                 the
                 lands
                 thus
                 holden
                 were
                 
                   Knights
                   Fees
                
                 during
                 the
                 life
                 of
                 the
                 Tenant
                 ,
                 yet
                 where
                 is
                 the
                 
                   Wardship
                   ,
                   Marriage
                
                 and
                 Releif
                 ?
                 Who
                 shall
                 undergo
                 these
                 servitudes
                 ,
                 since
                 the
                 Tenure
                 and
                 all
                 the
                 services
                 are
                 determin'd
                 with
                 the
                 life
                 of
                 the
                 Tenant
                 ?
              
            
             
               
                 CHAP.
                 XXVII
                 .
              
               
                 Inducements
                 to
                 the
                 Conclusion
                 .
              
               
                 SEeing
                 then
                 that
                 neither
                 the
                 
                   greater
                   Thanes
                
                 nor
                 the
                 
                   lesser
                   Thanes
                
                 among
                 the
                 Saxons
                 were
                 subject
                 to
                 the
                 rules
                 of
                 our
                 Knight-service
                 :
                 upon
                 whom
                 then
                 (
                 if
                 it
                 were
                 in
                 use
                 among
                 them
                 )
                 did
                 it
                 lye
                 ?
                 For
                 as
                 touching
                 the
                 Clergy
                 it
                 is
                 said
                 in
                 the
                 Laws
                 of
                 Edw.
                 the
                 Confessor
                 ,
                 cap.
                 11.
                 that
                 the
                 King
                 and
                 the
                 people
                 
                   magis
                   in
                   Ecclesiae
                   confidebant
                   Orationibus
                   quam
                   in
                   Armorum
                   defensionibus
                   .
                
                 And
                 the
                 Report
                 it self
                 confesseth
                 
                   (
                   pag.
                
                 3.
                 
                   in
                   pede
                
                 )
                 
                   That
                   the
                   possessions
                   of
                   Bishops
                   and
                   Abbots
                   were
                   first
                   made
                   subject
                   to
                   
                     Knight-service
                     in
                     Capite
                  
                   by
                   William
                   the
                   Conqueror
                   in
                   the
                   fourth
                   year
                   of
                   his
                   reign
                   :
                   for
                   their
                   lands
                   were
                   held
                   in
                   the
                   times
                   of
                   the
                   Saxons
                   ,
                   
                     In
                     pura
                     &
                     libera
                     eleemosyna
                  
                   ,
                   free
                   
                     ab
                     omni
                     servitio
                     seculari
                  
                   ,
                   &c.
                   
                
                 Though
                 this
                 be
                 not
                 true
                 in
                 the
                 latter
                 part
                 ,
                 (
                 being
                 strictly
                 taken
                 ,
                 )
                 for
                 no
                 doubt
                 their
                 lands
                 were
                 subject
                 to
                 the
                 
                   Trinodi
                   necessitati
                
                 ,
                 viz.
                 
                   Expeditioni
                   ,
                   pontis
                   arcisque
                   constructioni
                
                 (
                 as
                 before
                 appeareth
                 ,
                 )
                 yet
                 cometh
                 it
                 very
                 fitly
                 to
                 my
                 purpose
                 :
                 for
                 hereby
                 it
                 is
                 evident
                 that
                 if
                 the
                 
                   Trinodis
                   necessitas
                
                 made
                 no
                 
                   Tenure
                   by
                   Knight-service
                
                 or
                 
                   in
                   Capite
                
                 in
                 the
                 Church
                 Lands
                 ,
                 then
                 neither
                 did
                 it
                 in
                 the
                 Thane-lands
                 (
                 as
                 before
                 we
                 have
                 shew'd
                 )
                 and
                 then
                 much
                 less
                 in
                 the
                 land
                 of
                 Churles
                 and
                 Husbandmen
                 commonly
                 call'd
                 the
                 Socmanni
                 ;
                 for
                 it
                 is
                 agreed
                 on
                 all
                 hands
                 that
                 their
                 lands
                 were
                 holden
                 no
                 otherwise
                 than
                 by
                 Socage
                 .
                 Therefore
                 if
                 all
                 Kent
                 in
                 the
                 Saxon's
                 time
                 were
                 Gavelkind
                 ,
                 then
                 could
                 there
                 be
                 no
                 
                   Tenures
                   by
                   Knight-service
                
                 in
                 all
                 that
                 County
                 .
                 For
                 
                   Glanvil
                   (
                   Lib.
                
                 7.
                 c.
                 3.
                 )
                 telleth
                 us
                 ,
                 
                   That
                   where
                   the
                   inheritance
                   is
                   divideable
                   among
                   the
                   sons
                   ,
                   it
                   is
                   Socage
                   :
                   And
                   his
                   reason
                   is
                   ,
                   because
                   that
                   where
                   't
                   is
                   holden
                   by
                   Knight-service
                   the
                   
                     Primogenitus
                     succedit
                     in
                     toto
                  
                   .
                
                 This
                 Kentish
                 custom
                 was
                 
                   ab
                   initio
                
                 the
                 general
                 Law
                 of
                 England
                 ,
                 and
                 of
                 all
                 Nations
                 ,
                 Jews
                 ,
                 
                 
                   Greeks
                   ,
                   Romans
                
                 ,
                 and
                 the
                 rest
                 ,
                 and
                 so
                 continueth
                 even
                 till
                 this
                 day
                 ,
                 where
                 the
                 
                   Feodal
                   Law
                
                 hath
                 not
                 altered
                 it
                 ;
                 which
                 first
                 happen'd
                 here
                 in
                 England
                 ,
                 when
                 the
                 Normans
                 introducing
                 their
                 Feuds
                 settled
                 the
                 whole
                 inheritance
                 of
                 them
                 upon
                 the
                 eldest
                 son
                 ,
                 which
                 the
                 ancient
                 
                   Feodal
                   Law
                
                 it self
                 did
                 not
                 (
                 as
                 we
                 before
                 have
                 noted
                 )
                 till
                 Feuds
                 were
                 grown
                 perpetual
                 .
                 The
                 reason
                 as
                 I
                 take
                 it
                 that
                 begat
                 this
                 alteration
                 ,
                 was
                 for
                 that
                 while
                 the
                 Feud
                 did
                 descend
                 in
                 Gavelkind
                 to
                 the
                 Sons
                 and
                 Nephews
                 of
                 the
                 Feodatorie
                 ,
                 the
                 services
                 were
                 suspended
                 till
                 the
                 Lord
                 had
                 chosen
                 which
                 of
                 the
                 Sons
                 he
                 would
                 have
                 for
                 his
                 Tenant
                 ,
                 and
                 then
                 it
                 was
                 uncertain
                 whether
                 the
                 party
                 chosen
                 would
                 accept
                 of
                 the
                 Feud
                 or
                 not
                 ;
                 for
                 sometimes
                 there
                 might
                 be
                 reasons
                 to
                 refuse
                 it
                 .
              
               
               
                 To
                 return
                 where
                 I
                 left
                 ;
                 it
                 makes
                 to
                 the
                 proof
                 of
                 all
                 this
                 that
                 has
                 been
                 said
                 ,
                 and
                 (
                 for
                 conclusion
                 )
                 seems
                 to
                 be
                 unanswerable
                 ,
                 that
                 the
                 old
                 inheritance
                 which
                 in
                 the
                 Saxons
                 time
                 belong'd
                 to
                 the
                 Crown
                 ,
                 called
                 in
                 
                   Doomsday
                   Terra
                   Regis
                
                 ,
                 and
                 in
                 the
                 Law
                 books
                 
                   Antient
                   Demesne
                
                 ,
                 containing
                 a
                 great
                 part
                 of
                 every
                 County
                 ,
                 had
                 not
                 any
                 Lands
                 within
                 it
                 (
                 or
                 within
                 any
                 Mannor
                 thereof
                 )
                 holden
                 by
                 Knight-service
                 .
                 For
                 Fitz-Herbert
                 1
                 saith
                 ,
                 that
                 
                   Nul
                   terres
                   sont
                   antient
                   demesne
                   forsque
                   terres
                   tenus
                   en
                   Socage
                   .
                
                 And
                 therefore
                 if
                 the
                 Tenant
                 in
                 ancient
                 Demesne
                 will
                 claim
                 to
                 hold
                 of
                 the
                 Lord
                 by
                 Knights-service
                 ,
                 it
                 is
                 good
                 cause
                 to
                 remove
                 the
                 Plea
                 ,
                 because
                 that
                 no
                 Lands
                 holden
                 of
                 a
                 Mannor
                 which
                 is
                 
                   antient
                   Demesne
                
                 are
                 holden
                 by
                 other
                 services
                 of
                 the
                 Lord
                 than
                 by
                 Socage
                 :
                 for
                 the
                 Tenants
                 in
                 
                   antient
                   Demesne
                
                 are
                 call'd
                 Socmanni
                 ,
                 that
                 is
                 to
                 say
                 ,
                 
                   Tenants
                   del
                   carve
                
                 ,
                 Angl.
                 
                   le
                   plough
                
                 .
                 Thus
                 far
                 Fitz-Herbert
                 .
                 Now
                 if
                 in
                 the
                 Mannors
                 of
                 the
                 King
                 himself
                 ,
                 there
                 were
                 then
                 no
                 Lands
                 holden
                 by
                 Knight-service
                 throughout
                 all
                 England
                 ,
                 it
                 will
                 then
                 in
                 all
                 probability
                 follow
                 ,
                 that
                 there
                 were
                 none
                 likewise
                 among
                 his
                 Subjects
                 in
                 the
                 Saxons
                 time
                 ,
                 and
                 consequently
                 that
                 our
                 
                   Feudal
                   Law
                
                 was
                 not
                 introduc'd
                 before
                 the
                 Conquest
                 .
                 Mr.
                 Cambden
                 by
                 their
                 own
                 confession
                 is
                 of
                 the
                 same
                 opinion
                 ;
                 and
                 Mr.
                 Selden
                 himself
                 ,
                 whom
                 they
                 alledge
                 against
                 me
                 ,
                 is
                 clearly
                 with
                 me
                 ;
                 as
                 before
                 I
                 have
                 shew'd
                 .
              
               
                 If
                 these
                 our
                 three
                 opinions
                 avail
                 nothing
                 ,
                 we
                 have
                 yet
                 a
                 fourth
                 to
                 strengthen
                 
                 us
                 ,
                 great
                 Bracton
                 the
                 most
                 learned
                 in
                 our
                 ancient
                 Laws
                 and
                 Customs
                 ,
                 that
                 hath
                 been
                 in
                 this
                 Kingdom
                 ;
                 who
                 speaking
                 of
                 
                   Forinsecum
                   servitium
                
                 as
                 the
                 Genus
                 to
                 these
                 Tenures
                 ,
                 saith
                 ,
                 Lib.
                 2.
                 cap.
                 16.
                 
                 Nu.
                 7.
                 fol.
                 36.
                 a.
                 that
                 it
                 was
                 call'd
                 
                   regale
                   servitium
                   ,
                   quia
                   spectat
                   ad
                   Dominum
                   Regem
                   ,
                   &
                   non
                   ad
                   alium
                   ,
                   &
                   secundum
                   quod
                   in
                   Conquestu
                   fuit
                   adinventum
                   .
                
                 Here
                 Bracton
                 also
                 refers
                 the
                 Invention
                 to
                 the
                 Conquest
                 ,
                 but
                 the
                 Report
                 waveth
                 his
                 opinion
                 as
                 well
                 as
                 ours
                 ,
                 notwithstanding
                 his
                 great
                 knowledge
                 ,
                 and
                 that
                 he
                 liv'd
                 nearer
                 to
                 the
                 Conquest
                 by
                 two
                 third
                 parts
                 of
                 the
                 time
                 than
                 we
                 do
                 .
              
               
                 
                 Well
                 ,
                 there
                 is
                 yet
                 an
                 elder
                 ,
                 and
                 one
                 that
                 might
                 see
                 some
                 that
                 liv'd
                 in
                 the
                 Conqueror's
                 time
                 ,
                 the
                 Author
                 of
                 the
                 Black-book
                 of
                 the
                 Chequer
                 :
                 who
                 speaking
                 of
                 the
                 Saxon
                 Laws
                 and
                 those
                 of
                 the
                 Conqueror
                 saith
                 ,
                 Cap.
                 16.
                 fol.
                 16.
                 b.
                 
                   Quasdam
                   reprobavit
                   ,
                   quasdam
                   autem
                   approbans
                   ,
                   illis
                   transmarinas
                   Neustriae
                   (
                   id
                   est
                   Normanniae
                   )
                   leges
                   quae
                   ad
                   regni
                   pacem
                   tuendam
                   efficacissimae
                   videbantur
                   ,
                   adjecit
                   .
                
                 What
                 were
                 those
                 Neustrian
                 Laws
                 or
                 what
                 could
                 they
                 be
                 (
                 in
                 all
                 the
                 books
                 of
                 the
                 Law
                 )
                 for
                 preserving
                 peace
                 ,
                 save
                 
                   Military
                   Tenures
                
                 ?
                 And
                 the
                 Exchequer
                 it self
                 ,
                 where
                 the
                 cognisance
                 of
                 all
                 these
                 Tenures
                 lyeth
                 ,
                 was
                 brought
                 in
                 also
                 by
                 the
                 Conqueror
                 .
              
               
                 But
                 Ingulphus
                 the
                 Abbot
                 of
                 Croyland
                 ,
                 liv'd
                 long
                 in
                 the
                 Conqueror's
                 time
                 ,
                 and
                 was
                 one
                 of
                 his
                 Domesticks
                 or
                 Familiars
                 ,
                 as
                 he
                 termeth
                 himself
                 .
                 And
                 by
                 him
                 it
                 appeareth
                 that
                 the
                 Conqueror
                 not
                 only
                 generally
                 dispossess'd
                 the
                 Saxons
                 and
                 gave
                 their
                 lands
                 to
                 his
                 Normans
                 and
                 others
                 ,
                 but
                 chang'd
                 also
                 their
                 manner
                 of
                 conveyance
                 ,
                 the
                 form
                 of
                 their
                 Charters
                 ,
                 and
                 the
                 course
                 of
                 making
                 Knights
                 ,
                 whereupon
                 all
                 the
                 rules
                 of
                 Knight-service
                 have
                 since
                 depended
                 ,
                 See
                 his
                 words
                 p.
                 901.
                 
                 For
                 at
                 that
                 time
                 
                   Miles
                   &
                   per
                   militiam
                   tenens
                
                 were
                 all
                 one
                 by
                 Glanvils
                 testimony
                 ,
                 Lib.
                 7.
                 ca.
                 3.
                 p.
                 49.
                 
              
               
                 But
                 when
                 all
                 fails
                 ,
                 I
                 hope
                 they
                 will
                 believe
                 the
                 Conqueror
                 himself
                 ,
                 who
                 in
                 a
                 Charter
                 of
                 his
                 Laws
                 and
                 a
                 great
                 Council
                 of
                 the
                 Kingdom
                 ,
                 which
                 we
                 now
                 call
                 a
                 Parliament
                 ,
                 publish'd
                 by
                 Mr.
                 Lambard
                 ,
                 useth
                 these
                 words
                 .
              
               
                 Statuimus
                 &
                 sirmiter
                 praecipimus
                 ,
                 ut
                 omnes
                 Comites
                 ,
                 &
                 Barones
                 ,
                 &
                 Milites
                 ,
                 &
                 servientes
                 ,
                 &
                 universi
                 liberi
                 homines
                 totius
                 Regni
                 nostri
                 praedicti
                 ,
                 habeant
                 &
                 teneant
                 se
                 semper
                 bene
                 in
                 armis
                 ,
                 &
                 in
                 Equis
                 ,
                 ut
                 decet
                 &
                 oportet
                 .
                 Et
                 quod
                 sint
                 semper
                 prompti
                 &
                 parati
                 ad
                 servitium
                 suum
                 integrum
                 nobis
                 explendum
                 &
                 peragendum
                 ,
                 cum
                 semper
                 opus
                 adfuerit
                 ,
                 secundum
                 quod
                 nobis
                 debent
                 de
                 feodis
                 &
                 Tenementis
                 suis
                 de
                 jure
                 ,
                 facere
                 ,
                 &
                 sicut
                 illis
                 statuimus
                 per
                 commune
                 consilium
                 totius
                 regni
                 nostri
                 praedicti
                 ,
                 &
                 
                 illis
                 dedimus
                 &
                 concessimus
                 in
                 feodis
                 jure
                 haereditatio
                 .
                 Hoc
                 praeceptum
                 non
                 sit
                 violatum
                 ullo
                 modo
                 super
                 forisfacturam
                 plenam
                 .
              
               
                 Here
                 the
                 word
                 statuimus
                 ,
                 &c.
                 sheweth
                 that
                 it
                 was
                 the
                 Conqueror's
                 institution
                 ,
                 and
                 
                   concessimus
                   in
                   feodis
                   jure
                   haereditario
                
                 ,
                 implyeth
                 that
                 Feuds
                 were
                 not
                 hereditary
                 before
                 this
                 grant
                 .
                 But
                 there
                 may
                 lye
                 the
                 same
                 objection
                 against
                 it
                 which
                 my self
                 made
                 against
                 the
                 like
                 in
                 Edw.
                 the
                 Confessor's
                 Laws
                 ,
                 that
                 it
                 is
                 in
                 a
                 differing
                 letter
                 from
                 the
                 rest
                 of
                 the
                 Text
                 ,
                 and
                 not
                 found
                 in
                 the
                 Copy
                 left
                 unto
                 us
                 by
                 
                   Roger
                   Hoveden
                
                 .
                 I
                 acknowledge
                 it
                 ,
                 but
                 I
                 see
                 that
                 here
                 every
                 thing
                 agreeth
                 with
                 the
                 Manners
                 ,
                 Laws
                 ,
                 Time
                 ,
                 and
                 Idiom
                 of
                 the
                 Conqueror
                 .
                 And
                 I
                 conceive
                 that
                 it
                 is
                 fallen
                 out
                 as
                 it
                 did
                 of
                 old
                 in
                 the
                 Councils
                 of
                 Nice
                 and
                 Sardis
                 ,
                 and
                 many
                 other
                 too
                 ,
                 several
                 Councils
                 to
                 be
                 joyn'd
                 together
                 .
                 For
                 Hoveden
                 mentioneth
                 his
                 Copy
                 to
                 be
                 
                   Decretum
                   in
                   civitate
                   Claudia
                
                 ,
                 that
                 is
                 Gloster
                 :
                 but
                 Lambard
                 his
                 ,
                 to
                 be
                 
                   in
                   civitate
                   Londra
                   ,
                   London
                
                 :
                 so
                 that
                 they
                 seem
                 two
                 several
                 Constitutions
                 made
                 at
                 several
                 times
                 and
                 places
                 ,
                 and
                 here
                 put
                 together
                 into
                 one
                 .
                 Howsoever
                 it
                 be
                 ,
                 't
                 is
                 very
                 observable
                 ;
                 for
                 it
                 discovereth
                 that
                 which
                 elsewhere
                 we
                 meet
                 not
                 with
                 so
                 perspicuously
                 related
                 ,
                 That
                 the
                 great
                 dignities
                 of
                 Earls
                 and
                 Barons
                 or
                 Ministerial
                 Thanes
                 ,
                 which
                 before
                 were
                 arbitrable
                 or
                 but
                 for
                 life
                 ,
                 and
                 those
                 also
                 of
                 the
                 lesser
                 sort
                 (
                 which
                 enjoy'd
                 the
                 
                   Knights
                   Fees
                
                 no
                 otherwise
                 than
                 in
                 the
                 same
                 manner
                 )
                 were
                 either
                 now
                 erected
                 with
                 us
                 or
                 made
                 hereditary
                 ,
                 according
                 to
                 the
                 testimony
                 of
                 the
                 Feodal
                 Law
                 before
                 recited
                 .
                 'Till
                 now
                 therefore
                 there
                 could
                 no
                 
                   Wardship
                   ,
                   Marriage
                   ,
                   Releif
                
                 ,
                 or
                 other
                 
                   Feodal
                   servitudes
                
                 (
                 thereupon
                 depending
                 )
                 be
                 amongst
                 us
                 ;
                 nor
                 could
                 the
                 word
                 feodum
                 be
                 taken
                 for
                 haereditas
                 ,
                 the
                 one
                 being
                 formerly
                 contrary
                 to
                 the
                 other
                 .
                 For
                 Cujacius
                 and
                 the
                 Feudists
                 ,
                 
                   Feud
                   .
                   Lib.
                
                 2.
                 
                 Tit.
                 17.
                 p.
                 166.
                 make
                 
                   proprietas
                   ,
                   alodium
                   ,
                   &
                   haereditas
                
                 to
                 be
                 all
                 one
                 in
                 Feodal
                 sense
                 ;
                 and
                 feodum
                 to
                 be
                 contrary
                 to
                 them
                 all
                 ,
                 as
                 
                   res
                   alienae
                   proprietatis
                   ,
                   servituti
                   obnoxia
                   ,
                   &
                   successionis
                   coercitae
                
                 ;
                 and
                 being
                 until
                 this
                 time
                 not
                 hereditary
                 but
                 arbitrable
                 .
              
               
                 The
                 course
                 being
                 thus
                 chang'd
                 by
                 the
                 Conqueror
                 ,
                 was
                 presently
                 pursued
                 here
                 in
                 England
                 according
                 to
                 the
                 Norman
                 manner
                 as
                 appeareth
                 in
                 Doomsday
                 ,
                 where
                 it
                 is
                 said
                 ,
                 
                   Habet
                   —
                   in
                   eodem
                   Feudo
                   de
                   W.
                   Comite
                   Radulpho
                   de
                   Limes
                   .
                
                 50
                 
                   carucat
                   ▪
                   terrae
                   sicut
                   fit
                   in
                   Normannia
                   .
                
                 He
                 joyneth
                 Normannia
                 with
                 Feudum
                 ,
                 as
                 to
                 shew
                 us
                 whence
                 it
                 came
                 ,
                 and
                 where
                 we
                 should
                 see
                 the
                 pattern
                 of
                 it
                 .
              
               
                 
                 The
                 old
                 Saxon
                 manner
                 of
                 dividing
                 the
                 Kingdom
                 by
                 Hydes
                 ,
                 and
                 levying
                 Souldiers
                 according
                 to
                 the
                 Hydes
                 ,
                 grew
                 now
                 out
                 of
                 use
                 ;
                 and
                 instead
                 thereof
                 the
                 Kings
                 wars
                 to
                 be
                 supplied
                 by
                 
                   Knights
                   Fees
                
                 ,
                 the
                 number
                 whereof
                 shortly
                 after
                 were
                 accompted
                 ,
                 as
                 Sprott
                 the
                 Monk
                 of
                 Canterbury
                 relateth
                 ,
                 to
                 60215.
                 and
                 of
                 them
                 he
                 saith
                 28115.
                 were
                 in
                 the
                 Clergies
                 hand
                 .
                 The
                 Normans
                 also
                 chang'd
                 the
                 name
                 of
                 an
                 Hyde
                 of
                 Land
                 and
                 call'd
                 it
                 Carruè
                 a
                 
                   Plough
                   land
                
                 ,
                 and
                 as
                 it
                 seemeth
                 in
                 erecting
                 and
                 laying
                 forth
                 their
                 
                   Knight's
                   Fees
                
                 ,
                 assign'd
                 ordinarily
                 two
                 Carrues
                 or
                 
                   Plough
                   land
                
                 to
                 a
                 Knights
                 Fee.
                 For
                 't
                 is
                 noted
                 out
                 of
                 the
                 
                   Black
                   Register
                
                 of
                 St.
                 Edmunds-Bury
                 ,
                 that
                 Will.
                 the
                 Conqueror
                 gave
                 to
                 Baldwin
                 then
                 Abbot
                 there
                 ,
                 
                   octoginta
                   carucatas
                   terrae
                   unde
                   feodaret
                   quadraginta
                   Milites
                   .
                
                 And
                 according
                 to
                 the
                 rate
                 of
                 so
                 much
                 land
                 in
                 those
                 times
                 ,
                 is
                 a
                 
                   Knights
                   Fee
                
                 at
                 this
                 day
                 valued
                 in
                 the
                 Law
                 books
                 but
                 at
                 five
                 pounds
                 .
              
            
             
               
               
                 CHAP.
                 XXVIII
                 .
              
               
                 The
                 Conclusion
                 .
              
               
                 I
                 Will
                 wander
                 no
                 further
                 in
                 this
                 argument
                 ;
                 I
                 suppose
                 I
                 may
                 be
                 bold
                 (
                 out
                 of
                 that
                 which
                 is
                 already
                 said
                 )
                 to
                 conclude
                 that
                 I
                 was
                 not
                 mistaken
                 in
                 referring
                 the
                 original
                 of
                 our
                 Feuds
                 in
                 England
                 to
                 the
                 Norman
                 Conquest
                 :
                 and
                 that
                 my
                 conjecture
                 doth
                 not
                 cross
                 the
                 force
                 of
                 any
                 Law.
                 But
                 now
                 I
                 come
                 to
                 an
                 end
                 ,
                 I
                 must
                 discover
                 a
                 great
                 mistaking
                 committed
                 by
                 him
                 that
                 drew
                 the
                 Breviate
                 for
                 the
                 Reverend
                 Judges
                 ;
                 for
                 he
                 hath
                 made
                 us
                 all
                 on
                 both
                 sides
                 ,
                 like
                 Pan
                 in
                 Ovid
                 ,
                 to
                 towse
                 a
                 Reed-sheaf
                 instead
                 of
                 Syrinx
                 ,
                 or
                 like
                 Ixion
                 to
                 embrace
                 a
                 Cloud
                 instead
                 of
                 Juno
                 ,
                 to
                 labour
                 much
                 about
                 a
                 surmis'd
                 assertion
                 of
                 his
                 own
                 ,
                 instead
                 of
                 that
                 which
                 I
                 deliver'd
                 .
                 The
                 truth
                 is
                 ,
                 I
                 have
                 no
                 where
                 refer'd
                 the
                 original
                 of
                 Feuds
                 in
                 England
                 to
                 the
                 Norman
                 Conquest
                 .
                 Nay
                 ,
                 when
                 I
                 spake
                 of
                 them
                 ,
                 I
                 said
                 
                   habentur
                   plurima
                   ,
                   quae
                   apprime
                   huc
                   conducunt
                   in
                   Anglo
                   Saxonum
                   nostrorum
                   legibus
                   ,
                
                 and
                 this
                 I
                 still
                 affirm
                 ;
                 but
                 my
                 words
                 which
                 he
                 hath
                 much
                 perverted
                 are
                 these
                 ,
                 
                   Feodorum
                   servitutes
                   in
                   Britanniam
                   nostram
                   primus
                   invexit
                   Gulielmus
                   senior
                   .
                
                 It
                 was
                 neither
                 my
                 words
                 nor
                 my
                 meaning
                 to
                 say
                 ,
                 that
                 he
                 first
                 brought
                 in
                 either
                 Feuds
                 or
                 Military
                 service
                 in
                 a
                 general
                 sense
                 ,
                 but
                 that
                 he
                 brought
                 in
                 the
                 Servitudes
                 and
                 Grievances
                 of
                 Feuds
                 ,
                 viz.
                 
                   Wardship
                   ,
                   Marriage
                
                 ,
                 and
                 such
                 like
                 ,
                 which
                 to
                 this
                 day
                 were
                 never
                 known
                 to
                 other
                 Nations
                 that
                 are
                 govern'd
                 by
                 the
                 
                   Feodal
                   Law.
                
                 There
                 is
                 great
                 difference
                 between
                 
                   servitia
                   Militaria
                
                 and
                 
                   servitutes
                   Militares
                
                 :
                 The
                 one
                 ,
                 Heroick
                 ,
                 Noble
                 and
                 full
                 of
                 Glory
                 ,
                 which
                 might
                 not
                 therefore
                 be
                 permitted
                 in
                 old
                 time
                 to
                 any
                 that
                 was
                 not
                 born
                 of
                 free
                 parents
                 ;
                 no
                 ,
                 not
                 to
                 a
                 King's
                 son
                 (
                 as
                 appeareth
                 in
                 
                   Virgil
                   ,
                
                 )
                 wherein
                 our
                 Saxons
                 also
                 were
                 very
                 cautelous
                 ,
                 and
                 accounted
                 a
                 Souldiers
                 shield
                 to
                 be
                 
                   insigne
                   libertatis
                
                 :
                 the
                 other
                 ,
                 not
                 ignoble
                 only
                 and
                 servile
                 ,
                 but
                 deriv'd
                 even
                 from
                 very
                 bondage
                 .
                 Let
                 not
                 this
                 offend
                 :
                 I
                 will
                 say
                 no
                 more
                 .
              
               
                 
                   
                     30.
                     
                     Julii
                     1639.
                     
                  
                
              
               
                 FINIS
                 .
              
            
          
        
      
       
         
           
             
             
               Two
               Discourses
               :
            
             
               I.
               Of
               the
               ancient
               GOVERNMENT
               of
               England
               .
            
             
               II.
               Of
               PARLIAMENTS
               .
            
             
               By
               Sir
               
                 HENRY
                 SPELMAN
              
               Kt.
               
            
             
               Publish'd
               from
               the
               Original
               Manuscripts
               .
            
          
           
             
             
               
                 Sapientia
                 ,
                 &
                 disciplina
                 ,
                 &
                 scientia
                 Legum
                 apud
                 Deum
                 :
                 Dilectio
                 &
                 via
                 bonorum
                 apud
                 eum
                 .
              
            
             
               
                 Wisdom
                 ,
                 and
                 knowledge
                 ,
                 and
                 understanding
                 of
                 the
                 Law
                 are
                 of
                 God
                 :
                 and
                 Love
                 and
                 good
                 works
                 come
                 of
                 him
                 .
              
            
             
               Ecclus
               .
               11.
               15.
               
            
          
        
         
           
             
             
               OF
               THE
               Ancient
               Government
               OF
               ENGLAND
               .
            
             
               TO
               tell
               the
               Government
               of
               England
               under
               the
               old
               Saxon
               Laws
               ,
               seemeth
               an
               Vtopia
               to
               us
               present
               ;
               strange
               and
               uncouth
               :
               yet
               can
               there
               be
               no
               period
               assign'd
               ,
               wherein
               either
               the
               frame
               of
               those
               Laws
               was
               abolished
               ,
               or
               this
               of
               ours
               entertained
               ;
               but
               as
               day
               and
               night
               creep
               insensibly
               one
               upon
               the
               other
               ,
               so
               also
               hath
               this
               alteration
               grown
               upon
               us
               unsensibly
               ,
               every
               age
               altering
               something
               ,
               and
               no
               age
               seeing
               more
               than
               what
               themselves
               are
               actors
               in
               ,
               nor
               thinking
               it
               to
               have
               been
               otherwise
               than
               as
               themselves
               discover
               it
               by
               the
               present
               .
               Like
               them
               of
               China
               ,
               who
               never
               travailing
               out
               of
               their
               own
               Countrey
               ;
               think
               the
               whole
               world
               to
               extend
               no
               further
               .
               As
               one
               therefore
               that
               hath
               coasted
               a
               little
               further
               into
               former
               times
               ,
               I
               will
               offer
               unto
               you
               a
               rude
               Mapp
               thereof
               ;
               not
               like
               those
               of
               the
               exquisite
               Cosmographers
               of
               our
               later
               ages
               ,
               but
               like
               them
               of
               old
               ,
               when
               as
               neither
               cross
               sails
               nor
               compass
               ,
               were
               yet
               known
               to
               Navigators
               .
            
             
               Our
               Saxons
               ,
               though
               divided
               into
               many
               Kingdoms
               ,
               yet
               were
               they
               all
               one
               in
               effect
               ,
               in
               Manners
               ,
               Laws
               ,
               and
               Language
               ;
               so
               that
               the
               breaking
               of
               their
               Government
               into
               many
               Kingdoms
               ,
               or
               the
               reuniting
               of
               their
               Kingdoms
               into
               a
               Monarchy
               ,
               wrought
               little
               or
               no
               change
               amongst
               them
               touching
               Laws
               .
               For
               though
               we
               talk
               of
               the
               
                 West-Saxon
                 law
              
               ,
               the
               
                 Mercian
                 law
              
               ,
               and
               the
               
                 Dane
                 law
              
               ,
               whereby
               the
               west
               parts
               of
               England
               ,
               the
               middle
               parts
               ,
               and
               those
               of
               Norfolk
               ,
               Suffolk
               ,
               and
               the
               north
               ,
               were
               severally
               governed
               ;
               yet
               held
               they
               all
               an
               uniformity
               in
               substance
               ,
               differing
               rather
               in
               their
               mulct
               than
               in
               their
               Canea
               ,
               that
               is
               in
               the
               quantity
               of
               Fines
               and
               Amercements
               ,
               than
               in
               the
               course
               and
               frame
               of
               Justice
               .
            
             
               Therefore
               ,
               when
               all
               these
               Kingdoms
               grew
               into
               one
               Monarchy
               ,
               as
               under
               
                 Alured
                 ,
                 Ethelstane
                 ,
                 Edgar
              
               ,
               &c
               ,
               this
               bred
               no
               notable
               innovation
               in
               any
               of
               them
               ;
               for
               the
               King
               had
               no
               new
               Law
               to
               impose
               upon
               his
               new
               Subjects
               ,
               nor
               were
               his
               new
               Subjects
               unacquainted
               with
               his
               form
               of
               Government
               ;
               having
               always
               liv'd
               according
               to
               the
               same
               .
               So
               that
               when
               Edward
               the
               Confessor
               came
               to
               take
               away
               these
               small
               differences
               that
               were
               between
               these
               three
               Laws
               ,
               he
               did
               it
               even
               in
               these
               fickle
               and
               unconstant
               times
               without
               all
               tumult
               or
               contradiction
               ;
               making
               that
               his
               alteration
               famous
               rather
               by
               the
               new
               name
               ,
               than
               by
               the
               new
               matter
               .
               For
               abolishing
               the
               three
               particular
               names
               before-mentioned
               ,
               he
               now
               call'd
               it
               the
               
                 Common
                 Law
                 of
                 England
              
               ,
               for
               that
               no
               part
               of
               the
               Kingdom
               should
               henceforth
               be
               governed
               by
               any
               particular
               Law
               ,
               but
               all
               alike
               by
               a
               
                 Common
                 Law.
              
               But
               insomuch
               as
               this
               
                 Common
                 Law
              
               is
               but
               the
               half
               Arch
               of
               the
               Government
               ,
               tending
               only
               to
               the
               Temporal
               part
               thereof
               ,
               and
               not
               unto
               the
               Ecclesiastical
               ;
               I
               cannot
               well
               present
               the
               one
               without
               the
               other
               ,
               and
               must
               therefore
               make
               a
               project
               of
               the
               whole
               Arch
               ,
               that
               so
               the
               strength
               and
               uniformity
               of
               both
               the
               parts
               may
               the
               better
               be
               conceived
               .
            
             
               As
               therefore
               each
               side
               of
               an
               Arch
               descendeth
               alike
               from
               the
               Coane
               or
               top-point
               ;
               so
               both
               the
               parts
               of
               that
               their
               Government
               was
               alike
               deduced
               from
               the
               King
               ,
               each
               of
               them
               holding
               correspondency
               one
               with
               the
               other
               (
               like
               two
               loving
               Sisters
               )
               both
               in
               aspect
               ,
               and
               in
               lineaments
               .
            
             
             
               To
               begin
               with
               the
               right
               side
               or
               eldest
               Sister
               :
               the
               
                 Estate
                 Ecclesiastical
              
               was
               first
               divided
               into
               Provinces
               :
               Every
               Province
               into
               many
               Bishopricks
               :
               Every
               Bishoprick
               into
               many
               Arch-Deaconries
               :
               Every
               Arch-Deaconry
               into
               divers
               Deanries
               :
               Every
               Deanry
               into
               many
               Parishes
               .
               And
               all
               these
               committed
               to
               their
               several
               Governours
               ;
               Parsons
               ,
               Deans
               ,
               Arch-Deacons
               ,
               Bishops
               and
               Arch-Bishops
               ;
               who
               ,
               as
               subordinate
               one
               to
               the
               other
               ,
               did
               not
               only
               execute
               the
               charge
               of
               these
               their
               several
               portions
               :
               but
               were
               Accoumptant
               also
               for
               the
               same
               to
               their
               Superiours
               .
            
             
               The
               Parson
               as
               
                 ima
                 species
              
               ,
               was
               to
               hear
               and
               determine
               the
               breaches
               of
               God's
               peace
               ,
               of
               love
               ,
               and
               charity
               ,
               within
               his
               parish
               :
               to
               reprove
               the
               inordinate
               life
               of
               his
               parishoners
               :
               and
               tho'
               he
               could
               not
               strike
               with
               the
               Ecclesiastical
               sword
               ,
               yet
               might
               he
               shake
               it
               against
               them
               by
               enjyoning
               notorious
               offenders
               to
               contrition
               ,
               repentance
               ,
               satisfaction
               ;
               and
               sometime
               by
               removing
               them
               from
               the
               blessed
               Sacrament
               .
            
             
               The
               Dean
               ,
               to
               take
               cognisance
               of
               the
               life
               and
               conversation
               of
               the
               Parsons
               and
               Clergy-men
               of
               every
               Parish
               within
               his
               Deanry
               :
               to
               censure
               breach
               of
               Church-peace
               ,
               and
               to
               punish
               incontinent
               and
               infamous
               livers
               by
               excommunication
               ,
               pennance
               ,
               &c.
               
            
             
               And
               because
               there
               could
               be
               no
               breach
               of
               the
               King's
               peace
               ;
               but
               it
               must
               also
               break
               the
               peace
               and
               unity
               of
               the
               Church
               ;
               the
               Bishop's
               Dean
               ,
               in
               whose
               Deanry
               the
               peace
               was
               broken
               ,
               had
               in
               some
               cases
               10s.
               for
               his
               part
               of
               the
               mulct
               ,
               or
               fine
               thereof
               ;
               as
               appeareth
               
                 Ll.
                 Ed.
                 Confess
                 .
                 cap.
              
               31.
               
            
             
               The
               Arch-Deacon
               ,
               drawing
               nearer
               to
               the
               Bishop
               ,
               drew
               the
               more
               preeminence
               from
               him
               ,
               and
               was
               his
               coadjutor
               in
               the
               ordination
               of
               Clarkes
               ,
               having
               a
               superintendent
               power
               over
               all
               Parochial
               Parsons
               within
               every
               Deanry
               of
               his
               precinct
               .
            
             
               The
               Bishop
               ,
               as
               the
               greatest
               orb
               of
               the
               Diocess
               ,
               had
               jurisdiction
               and
               coertion
               through
               the
               same
               ,
               in
               all
               Ecclesiastical
               causes
               ,
               and
               on
               all
               persons
               ;
               except
               Monasteries
               exempted
               1
               .
               And
               for
               this
               purpose
               had
               two
               general
               Synods
               in
               the
               year
               ,
               wherein
               all
               the
               Clergy
               of
               his
               Diocess
               assembled
               for
               determining
               matters
               touching
               the
               Church
               ,
               as
               well
               in
               faith
               ,
               as
               in
               Government
               .
            
             
               But
               the
               Arch-Bishop
               (
               to
               bind
               up
               this
               golden
               fagot
               in
               the
               band
               of
               Union
               and
               Conformity
               )
               2
               comprehended
               all
               the
               Bishops
               of
               his
               Province
               
                 sub
                 pallio
                 suae
                 plenitudinis
              
               ,
               or
               
                 sub
                 plenitudine
                 potestatis
              
               ;
               having
               supreme
               jurisdiction
               to
               visit
               and
               reform
               in
               all
               their
               Diocesses
               whatsoever
               was
               defective
               or
               omitted
               .
               That
               by
               this
               means
               no
               transgression
               might
               break
               through
               so
               many
               wards
               ,
               but
               if
               it
               escaped
               the
               Sword
               of
               
                 Hasael
                 ,
                 Jehu
              
               might
               slay
               it
               ;
               or
               if
               it
               passed
               them
               both
               ,
               yet
               Elisha
               might
               light
               upon
               it
               .
            
             
               This
               was
               the
               modell
               of
               the
               Church
               policy
               ;
               composed
               no
               doubt
               out
               of
               that
               fundamental
               rule
               of
               Government
               prescribed
               by
               Jethro
               unto
               
                 Moses
                 :
                 Appoint
                 rulers
                 over
                 thousands
                 ,
                 over
                 hundreds
                 ,
                 over
                 fifties
                 ,
                 and
                 over
                 tens
                 .
              
               According
               to
               the
               steps
               whereof
               the
               State
               Temporal
               did
               likewise
               take
               her
               lineaments
               .
            
             
               For
               the
               Temporal
               Government
               was
               likewise
               divided
               into
               Satrapies
               or
               Dukedoms
               ,
               which
               contained
               in
               them
               divers
               Counties
               ;
               the
               County
               divers
               Lathes
               or
               Trithings
               ;
               every
               Trithing
               divers
               Hundreds
               or
               Wapentakes
               ;
               every
               Hundred
               divers
               Towns
               or
               Lordships
               ,
               shortly
               after
               called
               Baronies
               .
               And
               the
               Government
               of
               all
               these
               were
               committed
               to
               their
               several
               Heads
               ;
               viz.
               Towns
               or
               Mannours
               to
               the
               Lords
               thereof
               ,
               whom
               the
               Saxons
               called
               Theings
               ,
               after
               Barons
               ;
               Hundreds
               to
               the
               Lords
               of
               the
               Hundreds
               :
               Trithings
               or
               Lathes
               to
               their
               Trithingreves
               ;
               Counties
               to
               their
               Earls
               or
               Aldermen
               ;
               and
               the
               larger
               Satrapies
               to
               their
               Dukes
               or
               chief
               Princes
               .
               All
               which
               had
               subordinate
               Authority
               one
               under
               the
               other
               ;
               and
               did
               within
               the
               precinct
               of
               their
               own
               Territories
               minister
               justice
               unto
               their
               Subjects
               .
            
             
               For
               the
               Theinge
               or
               Lord
               of
               the
               Town
               ,
               (
               whom
               the
               Normans
               called
               a
               Baron
               )
               had
               of
               old
               Jurisdiction
               over
               them
               of
               his
               own
               Town
               ,
               (
               being
               as
               it
               were
               
               his
               Colony
               ;
               )
               and
               as
               
                 Cornelius
                 Tacitus
              
               saith
               ,
               did
               
                 Agricolis
                 suis
                 jus
                 dicere
              
               .
               For
               those
               whom
               we
               now
               call
               Tenants
               ,
               were
               in
               those
               ancient
               times
               but
               Husbandmen
               dwelling
               upon
               the
               soil
               of
               the
               Lord
               ,
               and
               manuring
               the
               same
               ,
               on
               such
               conditions
               ,
               as
               the
               Lord
               assigned
               ;
               or
               else
               such
               as
               were
               their
               followers
               in
               the
               wars
               ,
               and
               had
               therefore
               portions
               of
               ground
               appointed
               unto
               them
               in
               respect
               of
               that
               service
               ;
               which
               portion
               was
               thereupon
               called
               a
               Knights-fee
               ,
               for
               that
               a
               servant
               in
               the
               war
               ,
               whom
               the
               Saxons
               called
               a
               Knight
               ,
               had
               it
               allotted
               unto
               him
               as
               the
               fee
               ,
               or
               wages
               of
               his
               service
               .
               Neither
               at
               the
               first
               had
               they
               these
               their
               fees
               ,
               but
               at
               the
               Lord's
               pleasure
               ,
               or
               for
               a
               time
               limited
               ;
               and
               therefore
               both
               these
               kinds
               of
               Military
               and
               Husbandmen
               dwelling
               upon
               the
               Town
               or
               Colony
               of
               the
               Lord
               ,
               were
               (
               as
               in
               reason
               they
               ought
               )
               under
               the
               censure
               and
               will
               of
               their
               Lord
               touching
               the
               lands
               they
               ocucpy'd
               ;
               who
               therefore
               set
               them
               laws
               and
               customs
               ,
               how
               and
               in
               what
               manner
               they
               should
               possess
               these
               their
               lands
               ▪
               and
               as
               any
               controversy
               rose
               about
               them
               ,
               the
               Lord
               assembling
               the
               rest
               of
               his
               followers
               ,
               did
               by
               their
               opinion
               and
               assistance
               judge
               it
               .
               Out
               of
               which
               usage
               ,
               the
               Court-Barons
               took
               their
               beginning
               ,
               and
               the
               Lords
               of
               Towns
               and
               Mannours
               gain'd
               the
               priviledge
               of
               holding
               plea
               and
               jurisdiction
               within
               those
               their
               Territories
               over
               their
               Tenants
               and
               followers
               ;
               who
               thereupon
               are
               at
               this
               day
               called
               Sectatores
               ,
               in
               French
               Suitres
               ,
               of
               suivre
               to
               follow
               .
               But
               the
               Saxons
               themselves
               called
               this
               jurisdiction
               sacha
               and
               soca
               ,
               signifying
               thereby
               
                 Causarum
                 actionem
              
               and
               
                 libertatem
                 judicandi
              
               ;
               for
               sacha
               signifieth
               causa
               ,
               in
               which
               sense
               we
               yet
               use
               it
               ,
               as
               when
               we
               say
               ,
               
                 For
                 God's
                 sake
              
               ;
               and
               soca
               signifieth
               liberty
               or
               priviledge
               ,
               as
               
                 Cyri●socne
                 ,
                 libertas
                 Ecclesiae
              
               .
               But
               by
               this
               manner
               the
               Lords
               of
               Towns
               (
               as
               
                 ex
                 con●●etudine
                 Regni
              
               )
               came
               to
               have
               jurisdiction
               over
               their
               Tenants
               and
               followers
               ,
               and
               to
               hold
               plea
               of
               all
               things
               touching
               land
               .
               But
               as
               touching
               cognizance
               in
               criminal
               matters
               ,
               they
               had
               not
               otherwise
               to
               meddle
               therewith
               than
               by
               the
               King's
               Charters
               .
               For
               as
               touching
               the
               King's
               peace
               ,
               every
               Hundred
               was
               divided
               into
               many
               Freeborgs
               or
               Tithings
               consisting
               of
               ten
               men
               ,
               which
               stood
               all
               bound
               one
               for
               the
               other
               ,
               and
               did
               amongst
               themselves
               punish
               small
               matters
               in
               their
               Court
               for
               that
               purpose
               ,
               called
               the
               Lete
               ;
               which
               was
               sometime
               granted
               over
               to
               the
               Lords
               of
               Mannours
               ,
               and
               sometime
               exercised
               by
               peculiar
               officers
               .
               But
               the
               greater
               things
               were
               also
               carryed
               from
               thence
               into
               the
               
                 Hundred
                 Courts
              
               ;
               so
               that
               both
               the
               streams
               of
               Civil
               justice
               ,
               and
               of
               Criminal
               ,
               did
               there
               meet
               ,
               and
               were
               decided
               by
               the
               Hundreds
               ,
               &c
               ,
               as
               by
               superiour
               Judges
               both
               to
               the
               
                 Court
                 Baron
              
               ,
               and
               
                 Court
                 Leet
              
               also
               .
            
             
               Edward
               the
               Confessor
               
                 (
                 Ll.
                 ca.
              
               32.
               )
               saith
               ,
               that
               there
               were
               Justices
               over
               every
               ten
               Freeborgs
               ,
               called
               Deans
               ,
               or
               Tienheofod
               ,
               (
               that
               is
               ,
               
                 head
                 of
                 ten
              
               )
               which
               among
               their
               Neighbours
               in
               Towns
               compounded
               matters
               of
               trespasses
               done
               in
               pastures
               ,
               Meadows
               ,
               Corn
               ,
               and
               other
               strifes
               rising
               among
               them
               .
               But
               the
               greater
               matters
               ,
               saith
               he
               ,
               were
               referred
               to
               superiour
               Justices
               appointed
               over
               every
               ten
               of
               them
               ,
               whom
               we
               may
               call
               
                 Centurions
                 ,
                 Centenaries
              
               ,
               or
               Hundradors
               ,
               because
               they
               judged
               over
               an
               hundred
               Freeborgs
               .
            
             
               The
               Lord
               of
               the
               Hundred
               therefore
               had
               jurisdiction
               over
               all
               the
               Towns
               of
               the
               Hundred
               ,
               as
               well
               in
               Criminal
               matters
               ,
               as
               in
               Civil
               ;
               and
               they
               that
               failed
               of
               their
               right
               in
               the
               
                 Court
                 Barons
                 ,
                 Tithings
              
               ,
               or
               Leets
               ,
               might
               now
               prosecute
               it
               here
               before
               the
               Lord
               of
               the
               Hundred
               ,
               and
               his
               followers
               ,
               called
               the
               
                 Suitors
                 of
                 the
                 Hundred
              
               ,
               which
               were
               the
               Lords
               and
               owners
               of
               lands
               within
               that
               Hundred
               :
               who
               were
               tyed
               to
               be
               there
               at
               every
               Court
               1
               ;
               which
               as
               appeareth
               by
               the
               Laws
               of
               H.
               I.
               ca.
               8.
               was
               to
               be
               holden
               twelve
               times
               in
               the
               year
               ,
               that
               is
               ,
               once
               every
               month
               :
               2
               But
               especially
               a
               full
               appearance
               was
               required
               twice
               in
               the
               year
               ;
               in
               memory
               whereof
               the
               Suitors
               are
               at
               this
               day
               called
               at
               our
               Lady
               and
               Michaelmass
               Courts
               ,
               by
               the
               Steward
               of
               the
               Hundred
               .
            
             
               These
               (
               as
               I
               said
               before
               )
               held
               piea
               of
               trespasses
               done
               in
               Pastures
               ,
               Meadows
               ,
               Corn
               and
               such
               like
               ,
               and
               of
               other
               strifes
               arising
               between
               Neighbour
               
               and
               Neighbour
               ,
               and
               (
               as
               by
               and
               by
               also
               shall
               be
               shewed
               )
               of
               Criminal
               matters
               ,
               touching
               the
               very
               life
               of
               a
               man.
               
            
             
               
                 Decrevit
                 tum
                 porro
                 Aluredus
              
               ,
               &c.
               
               
                 King
                 Alured
                 then
                 further
                 decreed
                 ,
                 that
                 every
                 Free-man
                 should
                 be
                 settled
                 in
                 some
                 Hundred
                 and
                 appointed
                 to
                 some
                 Freeborg
                 or
                 Tithing
                 ,
                 (
                 as
                 did
                 also
                 
                   Canutus
                   Ll.
                   par
                
                 .
                 2.
                 cap.
                 19.
                 )
                 and
                 that
                 the
                 heads
                 of
                 these
                 Tithings
                 or
                 Freeborg
                 (
                 whom
                 we
                 now
                 call
                 
                   Capitales
                   plegii
                
                 )
                 should
                 judge
                 the
                 smaller
                 matters
                 (
                 as
                 in
                 Leets
                 ,
                 &c.
                 )
                 but
                 should
                 reserve
                 the
                 greater
                 for
                 the
                 Hundred
                 Court
                 ;
                 and
                 those
                 of
                 most
                 difficulty
                 ,
                 to
                 the
                 Alderman
                 and
                 Sheriff
                 in
                 the
                 County
                 Court
                 ,
                 
                   Lamb.
                   voc
                   .
                   Centuria
                
                 .
              
            
             
               The
               order
               of
               which
               proceedings
               in
               the
               Hundred
               Court
               do
               there
               also
               appear
               out
               of
               the
               Laws
               of
               King
               Ethelred
               made
               in
               a
               great
               Assembly
               at
               
                 Vanatinge
                 Cap.
              
               4.
               
               
                 In
                 singulis
                 Centuriis
                 Comitia
                 sunto
              
               ,
               &c.
               
               
                 Let
                 the
                 Courts
                 be
                 holden
                 in
                 every
                 Hundred
                 ,
                 and
                 let
                 twelve
                 men
                 of
                 the
                 elder
                 sort
                 together
                 with
                 the
                 Reve
                 (
                 of
                 the
                 Hundred
                 )
                 holding
                 their
                 hands
                 upon
                 some
                 holy
                 thing
                 ,
                 take
                 their
                 oath
                 that
                 they
                 shall
                 neither
                 condemn
                 any
                 man
                 that
                 is
                 innocent
                 ,
                 nor
                 quit
                 him
                 that
                 is
                 guilty
                 .
              
            
             
               And
               it
               seemeth
               by
               the
               Laws
               of
               
                 Canutus
                 ,
                 (
                 par
              
               .
               2.
               cap.
               16.
               
               &
               18.
               )
               That
               a
               man
               was
               not
               to
               be
               delayed
               above
               three
               Court
               days
               from
               having
               his
               right
               :
               for
               if
               he
               were
               ,
               he
               might
               then
               resort
               to
               the
               County
               ;
               and
               if
               he
               obtained
               it
               not
               there
               within
               four
               Courts
               ,
               then
               he
               might
               seek
               unto
               the
               King.
               And
               no
               doubt
               ,
               but
               this
               Law
               opened
               a
               great
               gap
               for
               the
               carrying
               of
               matters
               from
               the
               Hundred
               and
               County
               Courts
               up
               to
               the
               King
               's
               Court.
               
            
             
               The
               Jurisdiction
               also
               of
               this
               Court
               seemeth
               to
               be
               further
               abated
               by
               H.
               I.
               who
               ,
               tho'
               he
               establish'd
               the
               ancient
               manner
               of
               holding
               it
               ;
               yet
               pulled
               he
               from
               it
               some
               principal
               parts
               thereof
               ;
               as
               after
               shall
               appear
               in
               a
               Writ
               of
               his
               ,
               touching
               this
               and
               the
               County
               Court
               ,
               directed
               to
               the
               Sheriff
               of
               
                 Worcester
                 ,
                 (
                 MS.
                 
                 Co.
                 pa.
                 inter
              
               48.
               
               &
               49.
               )
            
             
               The
               Thrithingreve
               or
               Leidgreve
               (
               whom
               I
               take
               to
               be
               the
               same
               called
               in
               the
               Salic
               Laws
               Tungimus
               ;
               but
               doubt
               whether
               he
               or
               no
               ,
               that
               in
               our
               Laws
               of
               H.
               I.
               is
               called
               Thungrevius
               )
               was
               an
               officer
               that
               had
               authority
               over
               the
               third
               part
               of
               the
               County
               ,
               or
               three
               or
               more
               Hundreds
               ,
               or
               Wapentakes
               ;
               whose
               Territory
               was
               thereupon
               called
               a
               Thrithing
               ,
               otherwise
               a
               Leid
               or
               Lath
               ;
               in
               which
               manner
               the
               County
               of
               Kent
               is
               yet
               divided
               :
               and
               the
               Rapes
               in
               Sussex
               seem
               to
               answer
               the
               same
               :
               And
               perhaps
               the
               Ridings
               also
               of
               Yorkshire
               ;
               being
               now
               corruptly
               so
               called
               for
               Tridings
               or
               Thrithings
               .
               Those
               things
               therefore
               that
               could
               not
               be
               determined
               in
               the
               Hundred-Courts
               either
               for
               difficulty
               or
               miscarriage
               thereof
               ;
               were
               from
               thence
               brought
               unto
               the
               Trithing
               :
               where
               all
               the
               principal
               men
               of
               three
               or
               more
               Hundreds
               being
               assembled
               ,
               did
               debate
               and
               determine
               it
               :
               or
               if
               they
               could
               not
               ,
               did
               then
               send
               it
               up
               nnto
               the
               County
               Court
               to
               be
               there
               decided
               ,
               as
               in
               Parliament
               ,
               by
               the
               whole
               body
               of
               the
               County
               .
            
             
               This
               appeareth
               by
               the
               Laws
               of
               Edward
               the
               Confessor
               
                 (
                 Cap.
              
               34.
               )
               where
               it
               is
               said
               ,
               
                 Erant
                 &
                 aliae
                 potestates
                 super
                 Wapentachia
                 ,
                 quas
                 vocabant
              
               ðriðingas
               ,
               &c.
               that
               is
               ,
               There
               were
               other
               Jurisdictions
               over
               Wapentakes
               (
               or
               Hundreds
               )
               which
               they
               called
               Thrithings
               ,
               because
               they
               contained
               a
               third
               part
               of
               the
               Province
               (
               or
               County
               .
               )
               And
               those
               that
               governed
               these
               Thrithings
               ,
               were
               thereupon
               called
               Thrithingreves
               :
               before
               whom
               were
               brought
               all
               causes
               that
               could
               not
               be
               determined
               in
               the
               Wapentakes
               or
               Hundreds
               .
            
             
               Tho'
               I
               find
               no
               such
               division
               of
               our
               County
               of
               Norfolk
               ;
               yet
               I
               see
               the
               use
               thereof
               remained
               there
               ,
               both
               till
               and
               after
               the
               times
               of
               the
               Conquest
               .
               For
               
                 William
                 Rufus
              
               in
               a
               controversie
               of
               the
               Abbot
               of
               
               Ramsie's
               about
               the
               Town
               of
               Holme
               in
               Norfolk
               ,
               sent
               his
               Writ
               to
               
                 H.
                 Chamberlyn
              
               then
               Trithingreve
               ,
               (
               as
               it
               seemeth
               )
               over
               that
               part
               of
               the
               County
               ,
               commanding
               him
               to
               assemble
               three
               Hundreds
               and
               an
               half
               at
               a
               place
               called
               Fli●ham-burrough
               ,
               (
               which
               to
               this
               day
               beareth
               that
               name
               ,
               and
               is
               the
               site
               of
               the
               Hundred
               of
               Frebridge
               )
               there
               to
               determine
               the
               said
               controversie
               :
               which
               Writ
               for
               reviewing
               of
               the
               ancient
               
               customs
               of
               the
               Kingdom
               ,
               I
               will
               here
               adjoin
               ,
               as
               it
               standeth
               in
               the
               book
               of
               Ramsey
               Abbey
               ,
               Sect.
               197.
               
            
             
               Willielmus
               Rex
               Angl.
               H.
               Camerario
               salutem
               :
               Fac
               convenire
               &
               consedere
               tres
               Hundredos
               &
               dimidium
               apud
               Flicceham-Burgh
               propter
               terram
               illam
               de
               Holm
               quae
               pertinet
               ad
               Ringstedam
               ,
               &
               quam
               Abbas
               Ramesiae
               reclamat
               ad
               victum
               &
               vestitum
               Monachorum
               suorum
               :
               Et
               si
               Abbas
               poterit
               ostendere
               ratione
               &
               testimonio
               Comprovincialium
               ,
               quod
               antecessor
               illius
               eandem
               terram
               habuerit
               eo
               die
               quo
               pater
               meus
               fuit
               vivus
               &
               mortuus
               ,
               tunc
               praecipio
               ut
               illam
               terram
               ,
               &
               omnia
               quae
               juste
               pertinent
               ad
               Abbathiam
               suam
               pacifice
               &
               honorifice
               habeat
               .
               Teste
               R.
               Bigod
               apud
               Wind.
               
            
             
               Out
               of
               which
               Writ
               I
               conjecture
               that
               this
               
                 H.
                 Camerarius
              
               to
               whom
               it
               was
               directed
               ,
               might
               be
               Trithingreve
               of
               that
               part
               of
               the
               County
               ;
               the
               rather
               for
               that
               the
               Writ
               nameth
               him
               not
               Vicecomes
               as
               in
               the
               next
               precedent
               it
               doth
               another
               man
               ,
               viz.
               
                 Will.
                 Rex
                 ,
                 O.
                 Vicecomiti
                 salutem
                 ,
              
               &c.
               
            
             
               And
               that
               these
               three
               Hundreds
               and
               an
               half
               were
               to
               be
               Judges
               of
               the
               cause
               ,
               it
               appeareth
               by
               the
               words
               
                 fac
                 consedere
              
               ,
               that
               is
               ,
               cause
               them
               to
               sit
               down
               together
               .
               For
               
                 Magistrorum
                 &
                 Judicum
                 est
                 sedere
                 ,
                 famulorum
                 &
                 Ministrorum
                 stare
                 .
              
               Therefore
               it
               is
               said
               ,
               Exod.
               18.
               13.
               
               
                 Moses
                 sat
              
               to
               judge
               the
               people
               ,
               and
               the
               people
               stood
               about
               him
               :
               whereupon
               Hugo
               also
               noteth
               ,
               
                 Magistrorum
                 est
                 sedere
              
               .
            
             
               To
               this
               purpose
               also
               is
               the
               Law
               of
               H.
               I.
               ca.
               8.
               
               
                 Si
                 aliquis
                 in
                 Hundr●…
                 agendorum
                 penuria
                 *
                 judicium
                 ,
                 vel
                 casu
                 aliquo
                 transferendum
                 sit
                 in
                 d●us
                 vel
                 tres
                 vel
                 amplius
                 Hundredos
                 respectetur
                 justo
                 fine
                 claudendum
                 .
              
               (
               Qu.
               )
               But
               it
               seemeth
               that
               these
               Judges
               were
               sworn
               to
               do
               right
               ,
               as
               well
               as
               those
               before
               mentioned
               in
               the
               Hundred
               Court.
               And
               that
               our
               course
               now
               used
               for
               taking
               a
               Jury
               out
               of
               many
               Hundreds
               in
               the
               County
               ,
               for
               tryal
               of
               a
               cause
               arising
               in
               one
               Hundred
               ,
               took
               the
               beginning
               from
               the
               tryal
               in
               the
               Trithing
               ,
               and
               that
               thereupon
               the
               Trithing
               Court
               grew
               out
               of
               use
               .
            
             
               The
               Alderman
               of
               the
               County
               ,
               whom
               confusedly
               they
               call
               an
               Earl
               ,
               was
               in
               parallel
               equal
               with
               the
               Bishop
               ,
               and
               therefore
               both
               their
               estimations
               valued
               alike
               in
               the
               Laws
               of
               Ethelstane
               at
               eight
               thousand
               Thrymses
               .
               He
               was
               a
               man
               learned
               in
               the
               Laws
               ,
               and
               had
               the
               government
               of
               the
               whole
               Shire
               ,
               and
               cognizance
               over
               all
               inferiour
               Courts
               and
               persons
               ,
               both
               in
               civil
               matters
               and
               criminal
               .
               For
               which
               purpose
               he
               held
               his
               ordinary
               Court
               by
               the
               Shreve
               ,
               1
               once
               every
               month
               :
               and
               there
               resorted
               as
               Suitors
               ,
               and
               bound
               by
               duty
               ,
               all
               the
               Lords
               of
               Mannours
               ,
               and
               principal
               men
               of
               the
               County
               ,
               with
               the
               rest
               of
               the
               Free-holders
               ,
               who
               were
               not
               only
               assistants
               ,
               but
               Judges
               with
               him
               of
               all
               matters
               there
               depending
               ,
               whether
               entred
               there
               originally
               ,
               or
               coming
               thither
               by
               appeal
               or
               provocation
               from
               the
               inferiour
               Courts
               .
               
                 Ll.
                 Edw.
                 senioris
                 ,
                 cap.
                 ult
                 .
              
               Ic
               ƿille
               ðat
               aelc
               geresa
               hebbe
               gemo●e
               ,
               &c.
               
               
                 I
                 will
                 that
                 every
                 Sheriff
                 hold
                 his
                 Court
                 about
                 every
                 four
                 weeks
                 ,
                 and
                 that
                 he
                 do
                 right
                 equally
                 to
                 every
                 man
                 ,
                 and
                 make
                 an
                 end
                 of
                 all
                 Suites
                 ,
                 under
                 the
                 pain
                 before
                 expressed
                 .
              
            
             
               As
               the
               Bishop
               had
               twice
               in
               the
               year
               two
               general
               Synods
               wherein
               all
               the
               Clergy
               of
               his
               Diocess
               of
               all
               sorts
               were
               ty'd
               to
               resort
               for
               matters
               concerning
               the
               Church
               ;
               so
               also
               was
               there
               twice
               in
               the
               year
               a
               general
               assembly
               of
               all
               the
               Shire
               for
               matters
               concerning
               the
               Common-wealth
               ;
               wherein
               ,
               without
               exception
               ,
               all
               kind
               of
               Estates
               were
               required
               to
               be
               present
               ,
               
                 Dukes
                 ,
                 Earls
                 ,
                 Barons
              
               ,
               and
               so
               downward
               ,
               of
               the
               Laity
               ;
               and
               especially
               the
               Bishop
               of
               that
               Diocess
               among
               the
               Clergy
               .
               For
               in
               those
               days
               the
               Temporal
               Lords
               did
               often
               sit
               in
               Synod
               with
               the
               Bishops
               ,
               and
               the
               Bishops
               in
               like
               manner
               in
               the
               Courts
               of
               the
               Temporalty
               ,
               and
               were
               therein
               (
               as
               by
               and
               by
               shall
               appear
               )
               not
               only
               necessary
               ,
               but
               principal
               Judges
               themselves
               ;
               
                 Ll.
                 Canuti
                 Regis
                 ,
                 par
              
               .
               2.
               ca.
               17.
               
               
                 The
                 Shyre-gemot
                 (
                 for
                 so
                 the
                 Saxons
                 called
                 this
                 assembly
                 
                 of
                 the
                 whole
                 Shire
                 )
                 shall
                 be
                 kept
                 twice
                 a
                 year
                 (
                 and
                 oftner
                 if
                 need
                 require
                 )
                 wherein
                 the
                 Bishop
                 and
                 the
                 Alderman
                 of
                 the
                 Shire
                 shall
                 be
                 present
                 ;
                 the
                 one
                 to
                 teach
                 the
                 Laws
                 of
                 God
                 ,
                 the
                 other
                 the
                 Law
                 of
                 the
                 Land.
                 
              
            
             
               This
               great
               assembly
               was
               by
               the
               Laws
               of
               
                 Ethelstan
                 (
                 ca.
              
               20.
               )
               to
               be
               proclaimed
               or
               published
               a
               sennight
               before
               hand
               ;
               and
               every
               man
               tyed
               thereupon
               to
               be
               present
               at
               it
               ,
               and
               in
               the
               mean
               time
               either
               to
               satisfie
               the
               wrong
               he
               had
               done
               to
               another
               ,
               or
               to
               undergo
               the
               penalty
               ;
               which
               if
               he
               refused
               ,
               all
               he
               had
               was
               presently
               to
               be
               se●sed
               ,
               and
               himself
               put
               to
               find
               sureties
               for
               his
               appearance
               to
               answer
               .
            
             
               But
               because
               this
               notable
               assembly
               (
               otherwise
               called
               by
               the
               Authors
               of
               that
               time
               Mallum
               and
               
                 Placitum
                 generale
              
               )
               was
               the
               supreme
               Court
               of
               County-Justice
               ,
               wherein
               all
               things
               of
               what
               sort
               soever
               were
               to
               be
               determined
               :
               we
               will
               take
               a
               little
               scope
               in
               description
               thereof
               :
               Shewing
               first
               more
               particularly
               ,
               who
               were
               bound
               to
               give
               their
               attendance
               here
               :
               Then
               ,
               what
               lay
               in
               cognizance
               of
               this
               Court
               :
               And
               thirdly
               ,
               in
               what
               steps
               they
               proceeded
               to
               the
               determination
               of
               the
               same
               .
               All
               which
               ,
               because
               they
               cannot
               be
               more
               authentically
               delivered
               ,
               then
               out
               of
               the
               Law
               it self
               ;
               I
               will
               even
               from
               thence
               report
               it
               as
               it
               standeth
               in
               
                 Ll.
                 H.
              
               I.
               ca.
               8.
               
               
                 Sicut
                 antiqua
                 fuerat
                 institutione
                 formatum
              
               ,
               &c.
               
               
                 As
                 it
                 was
                 devised
                 by
                 an
                 ancient
                 institution
                 ,
                 and
                 confirmed
                 by
                 true
                 report
                 ,
                 that
                 the
                 general
                 pleas
                 of
                 the
                 Counties
                 ought
                 to
                 be
                 assembled
                 in
                 every
                 Province
                 of
                 England
                 at
                 certain
                 places
                 ,
                 and
                 before
                 certain
                 Judges
                 ,
                 at
                 certain
                 times
                 thereto
                 appointed
                 ;
                 and
                 that
                 none
                 should
                 be
                 put
                 to
                 further
                 trouble
                 unless
                 the
                 King
                 's
                 own
                 necessity
                 ,
                 or
                 the
                 common
                 good
                 of
                 the
                 Kingdom
                 required
                 it
                 :
                 Therefore
                 the
                 Bishops
                 ,
                 Earls
                 ,
                 Sheriffs
                 ,
                 Heretoches
                 or
                 Marshals
                 of
                 Armies
                 ,
                 Trithingreves
                 ,
                 Leidgreves
                 ,
                 Lieutenants
                 ,
                 Hundredors
                 ,
                 Aldermen
                 ,
                 Magistrates
                 ,
                 Reves
                 ,
                 Barons
                 ,
                 Vavasors
                 ,
                 Thungreves
                 and
                 other
                 Lords
                 of
                 land
                 ,
                 must
                 be
                 all
                 diligently
                 attending
                 (
                 at
                 these
                 Assemblies
                 )
                 lest
                 that
                 the
                 lewdness
                 of
                 offenders
                 ,
                 the
                 misdemeanor
                 Gravionum
                 (
                 i.
                 of
                 Sheriffs
                 )
                 and
                 the
                 ordinary
                 corruption
                 of
                 Judges
                 escaping
                 unpunished
                 ,
                 make
                 a
                 miserable
                 spoil
                 of
                 the
                 people
                 .
              
            
             
               
                 First
                 ,
                 let
                 the
                 laws
                 of
                 true
                 Christianity
                 (
                 which
                 we
                 call
                 the
                 Ecclesiastical
                 )
                 be
                 fully
                 executed
                 with
                 due
                 satisfaction
                 ;
                 then
                 let
                 the
                 pleas
                 concerning
                 the
                 King
                 be
                 dealt
                 with
                 ;
                 and
                 lastly
                 ,
                 those
                 between
                 party
                 and
                 party
                 ;
                 and
                 whomsoever
                 the
                 Church-Synod
                 shall
                 find
                 at
                 variance
                 ,
                 let
                 them
                 either
                 make
                 an
                 accord
                 between
                 them
                 in
                 love
                 ,
                 or
                 sequester
                 them
                 by
                 their
                 sentence
                 of
                 excommunication
                 ,
                 &c.
                 
              
               Whereby
               it
               appeareth
               ,
               that
               Ecclesiastical
               causes
               were
               at
               that
               time
               under
               the
               cognizance
               of
               this
               Court.
               But
               I
               take
               them
               to
               be
               such
               Ecclesiastical
               causes
               ,
               as
               were
               grounded
               upon
               the
               Ecclesiastical
               laws
               made
               by
               the
               Kings
               themselves
               for
               the
               government
               of
               the
               Church
               (
               for
               many
               such
               there
               were
               almost
               in
               every
               King's
               time
               ,
               )
               and
               not
               for
               matters
               rising
               out
               of
               the
               Roman
               Canons
               ,
               which
               haply
               were
               determinable
               only
               before
               the
               Bishop
               and
               his
               Ministers
               .
            
             
               To
               proceed
               .
               Before
               they
               entered
               into
               any
               causes
               (
               as
               it
               is
               commanded
               in
               the
               Laws
               of
               Canutus
               which
               we
               mentioned
               ,
               par
               .
               2.
               ca.
               17.
               )
               the
               Bishop
               (
               to
               use
               the
               term
               of
               our
               time
               which
               from
               hence
               taketh
               the
               original
               )
               gave
               a
               solemn
               charge
               unto
               the
               people
               touching
               Ecclesiastical
               matters
               ;
               opening
               unto
               them
               the
               rights
               and
               reverence
               of
               the
               Church
               ,
               and
               their
               duty
               therein
               towards
               God
               and
               the
               King
               ,
               according
               to
               the
               word
               of
               God
               and
               Divinity
               .
               Then
               the
               Alderman
               in
               like
               manner
               related
               unto
               them
               the
               Laws
               of
               the
               land
               ,
               and
               their
               duty
               towards
               God
               ,
               the
               King
               ,
               and
               Common-wealth
               ,
               according
               to
               the
               rule
               and
               tenure
               thereof
               .
               Of
               all
               which
               ,
               because
               I
               find
               a
               notable
               precedent
               in
               a
               Synodal
               Edict
               made
               by
               
                 Carolus
                 Calvus
              
               Emperour
               and
               King
               of
               France
               ,
               
                 (
                 in
                 Concil
                 .
                 Carissiaco
                 .
                 An.
                 Dom.
              
               856.
               )
               I
               will
               here
               add
               it
               ,
               not
               to
               shew
               that
               our
               Saxons
               took
               their
               form
               of
               government
               from
               the
               French
               ;
               but
               that
               both
               the
               French
               and
               they
               ,
               as
               brethren
               descending
               from
               one
               parent
               ,
               the
               German
               ,
               kept
               the
               rights
               and
               laws
               of
               their
               natural
               Country
               .
            
             
             
               
                 Episcopi
                 quinque
                 in
                 suis
                 parochiis
                 ,
                 &
                 Missi
                 in
                 illorum
                 Missaticis
                 ,
                 Comitesque
                 in
                 eorum
                 Comitatibus
                 pariter
                 placita
                 teneant
                 ,
                 quo
                 omnes
                 Reipub.
                 Ministri
                 ,
                 &
                 Vassi
                 Dominici
                 ,
                 omnesque
                 quicunque
                 vel
                 quorumcunque
                 homines
                 in
                 iisdem
                 parochiis
                 &
                 Comitatibus
                 sine
                 ulla
                 personaram
                 acceptione
                 &
                 excusatione
                 ,
                 aut
                 dilatione
                 conveniant
                 ,
              
               &c.
               
               That
               is
               ,
               
                 The
                 Bishops
                 in
                 their
                 parishes
                 (
                 or
                 Diocesses
                 )
                 and
                 the
                 Justices
                 Itinerant
                 or
                 Aldermen
                 in
                 their
                 Circuits
                 ,
                 and
                 the
                 Earls
                 in
                 their
                 Counties
                 ,
                 shall
                 hold
                 their
                 pleas
                 together
                 :
                 whereunto
                 all
                 Ministers
                 and
                 Officers
                 of
                 the
                 Common-wealth
                 ,
                 all
                 the
                 King's
                 Barons
                 and
                 all
                 other
                 whatsoever
                 they
                 be
                 ,
                 or
                 whose
                 Tenants
                 soever
                 they
                 be
                 within
                 the
                 same
                 parishes
                 or
                 Counties
                 ,
                 without
                 any
                 respect
                 of
                 persons
                 ,
                 excuse
                 ,
                 or
                 delay
                 ,
                 shall
                 assemble
                 together
                 :
                 And
                 the
                 Bishop
                 of
                 that
                 parish
                 or
                 Diocess
                 ,
                 having
                 briefly
                 noted
                 sentences
                 touching
                 the
                 matter
                 out
                 of
                 the
                 Evangelists
                 ,
                 Apostles
                 ,
                 and
                 Prophets
                 ,
                 shall
                 read
                 them
                 to
                 the
                 people
                 ,
                 and
                 also
                 the
                 decrees
                 Apostolick
                 ,
                 and
                 Canons
                 of
                 the
                 Church
                 ;
                 and
                 in
                 open
                 and
                 plain
                 terms
                 shall
                 instruct
                 them
                 all
                 ,
                 what
                 manner
                 ,
                 and
                 how
                 great
                 a
                 sin
                 it
                 is
                 to
                 violate
                 or
                 spoil
                 the
                 Church
                 ,
                 and
                 what
                 and
                 how
                 great
                 pennance
                 ,
                 and
                 what
                 merciless
                 and
                 severe
                 punishment
                 it
                 requireth
                 ;
                 with
                 other
                 accustomed
                 ,
                 necessary
                 and
                 profitable
                 admonishments
                 .
                 The
                 Aldermen
                 also
                 ,
                 or
                 Justices
                 ,
                 shall
                 note
                 down
                 such
                 sentences
                 of
                 law
                 as
                 they
                 call
                 to
                 mind
                 ;
                 and
                 shall
                 publish
                 unto
                 them
                 the
                 Constitutions
                 of
                 us
                 and
                 our
                 predecessors
                 ,
                 Kings
                 and
                 Emperours
                 ,
                 gathered
                 together
                 touching
                 this
                 matter
                 .
                 And
                 the
                 Bishops
                 by
                 the
                 Authority
                 of
                 God
                 and
                 the
                 Apostles
                 ;
                 and
                 the
                 Aldermen
                 or
                 Justices
                 ,
                 and
                 Earls
                 ,
                 under
                 the
                 penalty
                 of
                 the
                 King's
                 Laws
                 ;
                 shall
                 ,
                 with
                 all
                 the
                 care
                 they
                 can
                 ,
                 prohibit
                 every
                 man
                 of
                 the
                 Kingdom
                 from
                 making
                 any
                 prey
                 or
                 spoil
                 of
                 the
                 Church
                 ,
                 &c.
                 
              
            
          
           
             
             
             
               OF
               PARLIAMENTS
               .
            
             
               WHEN
               States
               are
               departed
               from
               their
               original
               Constitution
               ,
               and
               that
               original
               by
               tract
               of
               time
               worn
               out
               of
               memory
               ;
               the
               succeeding
               Ages
               viewing
               what
               is
               past
               by
               the
               present
               ,
               conceive
               the
               former
               to
               have
               been
               like
               to
               that
               they
               live
               in
               ,
               and
               framing
               thereupon
               erroneous
               propositions
               ,
               do
               likewise
               make
               thereon
               erroneous
               inferences
               and
               Conclusions
               .
               I
               would
               not
               pry
               too
               boldly
               into
               this
               ark
               of
               secrets
               :
               but
               having
               seen
               more
               Parliaments
               miscarry
               ,
               yea
               suffer
               shipwrack
               ,
               within
               these
               sixteen
               years
               past
               ,
               than
               in
               many
               hundred
               heretofore
               ,
               I
               desire
               for
               my
               understanding's
               sake
               to
               take
               a
               view
               of
               the
               beginning
               and
               nature
               of
               Parliaments
               ;
               not
               meddling
               with
               them
               of
               our
               time
               ,
               (
               which
               may
               displease
               both
               Court
               and
               Country
               ,
               )
               but
               with
               those
               of
               old
               ;
               which
               now
               are
               like
               the
               siege
               of
               Troy
               ,
               matters
               only
               of
               story
               and
               discourse
               .
            
             
               Because
               none
               shall
               go
               beyond
               me
               in
               this
               argument
               ,
               I
               will
               begin
               with
               the
               foundation
               of
               Kingdoms
               ,
               which
               of
               necessity
               must
               be
               more
               ancient
               than
               Parliaments
               ,
               for
               that
               a
               Parliament
               is
               the
               grand
               Council
               of
               the
               Kingdom
               assembled
               at
               the
               commandment
               of
               the
               King
               ,
               for
               advice
               in
               matters
               of
               State.
               Our
               first
               labour
               is
               then
               ,
               to
               see
               what
               this
               Grand-Council
               was
               originally
               .
            
             
               It
               is
               confest
               on
               all
               hands
               ,
               that
               the
               King
               is
               universal
               Lord
               of
               his
               whole
               Territories
               ,
               and
               that
               no
               man
               possesseth
               any
               part
               thereof
               ,
               but
               deriv'd
               from
               him
               either
               mediately
               or
               immediately
               .
               This
               derivation
               thus
               proceeded
               .
               The
               King
               in
               the
               beginning
               divided
               his
               whole
               territory
               into
               two
               parts
               ,
               one
               to
               be
               manured
               by
               his
               own
               Tenants
               and
               Husbandmen
               ;
               then
               call'd
               Socmen
               .
               For
               the
               Kings
               of
               England
               us'd
               in
               those
               days
               to
               stock
               their
               grounds
               themselves
               ,
               like
               the
               Kings
               of
               Israel
               ;
               and
               by
               the
               profits
               thereof
               especially
               ,
               to
               maintain
               their
               Hospitality
               ,
               their
               Court
               ,
               and
               Estate
               ;
               having
               in
               every
               Mannour
               Officers
               and
               Servants
               for
               that
               purpose
               .
               This
               part
               was
               
                 Sacrum
                 Patrimonium
              
               the
               inseperable
               inheritance
               of
               the
               Crown
               ,
               call'd
               in
               Doomsday
               
                 Terra
                 Regis
              
               ,
               and
               in
               Law
               the
               
                 Ancient
                 Demaine
              
               .
               And
               because
               it
               belong'd
               to
               the
               husbandry
               of
               the
               King
               ,
               all
               that
               manur'd
               or
               held
               any
               part
               of
               this
               land
               ,
               were
               said
               to
               be
               
                 Tenants
                 in
                 Socage
              
               ,
               and
               might
               not
               be
               drawn
               into
               the
               wars
               ;
               of
               which
               nature
               ,
               as
               touching
               their
               Tenure
               ,
               they
               continue
               at
               this
               day
               .
            
             
               The
               other
               part
               of
               his
               whole
               territory
               he
               portioned
               out
               to
               Military
               men
               ;
               which
               (
               tho'
               the
               other
               was
               the
               more
               profitable
               )
               yet
               this
               was
               always
               held
               for
               the
               more
               honourable
               ,
               and
               therefore
               so
               divided
               this
               among
               his
               Nobles
               and
               chief
               servants
               and
               followers
               for
               supportation
               in
               his
               wars
               and
               Royal
               Estate
               .
               To
               some
               in
               greater
               measure
               ,
               to
               others
               in
               less
               ,
               according
               to
               their
               merit
               and
               qualities
               .
               Provinces
               to
               Dukes
               ,
               Counties
               to
               Earls
               ,
               Castles
               and
               Signiories
               unto
               Barons
               :
               rendring
               unto
               him
               ,
               not
               
                 ex
                 pacto
                 vel
                 condicto
              
               (
               for
               that
               was
               but
               
                 cautela
                 superabundans
              
               )
               but
               of
               common
               right
               and
               by
               the
               Law
               of
               Nations
               (
               for
               so
               I
               may
               term
               the
               Feodal-law
               then
               to
               be
               in
               our
               Western
               Orb
               )
               all
               Feodal
               duties
               and
               services
               due
               from
               the
               Donees
               and
               their
               heirs
               ,
               upon
               every
               gift
               ,
               grant
               ,
               and
               alienation
               ;
               tho'
               no
               word
               were
               spoken
               of
               them
               .
               It
               appeareth
               by
               the
               Feodal-law
               (
               from
               whence
               all
               that
               part
               of
               our
               Common-law
               that
               concerneth
               
               Tee
               and
               Tenures
               hath
               original
               ,
               and
               which
               our
               Common-law
               also
               affirmeth
               ;
               )
               that
               there
               was
               always
               due
               .....
               *
            
             
               Those
               that
               thus
               receiv'd
               their
               Territories
               from
               the
               King
               ,
               were
               said
               to
               hold
               them
               
                 in
                 Capite
              
               ,
               for
               that
               the
               King
               is
               
                 Caput
                 Regni
              
               ,
               and
               were
               thereupon
               call'd
               
                 Capitanei
                 Regis
              
               and
               
                 Capitanei
                 Regni
              
               ,
               otherwise
               
                 Barones
                 Regis
              
               ,
               the
               King's
               men
               ,
               Tenants
               or
               Vassals
               :
               who
               having
               all
               the
               land
               divided
               amongst
               them
               ,
               saving
               that
               which
               the
               King
               reserv'd
               to
               himself
               as
               
                 Sacrum
                 Patrimonium
              
               ,
               were
               also
               call'd
               
                 Pares
                 Regni
              
               ,
               and
               were
               always
               upon
               commandment
               about
               the
               person
               of
               the
               King
               ,
               to
               defend
               him
               and
               his
               Territories
               in
               war
               ,
               and
               to
               counsel
               and
               advise
               him
               in
               peace
               ,
               either
               Judicially
               in
               matters
               of
               Law
               brought
               before
               the
               King
               in
               his
               Palace
               ,
               which
               in
               those
               days
               was
               the
               only
               place
               of
               Royal
               justice
               :
               or
               Politically
               in
               the
               great
               affairs
               of
               the
               Kingdom
               .
               Hereupon
               ,
               they
               were
               not
               only
               1
               call'd
               
                 Praetorianum
                 consilium
              
               ,
               as
               belonging
               to
               the
               King's
               Palace
               ,
               but
               
                 Magnum
                 concilium
                 Regis
              
               ,
               and
               
                 Magnum
                 concilium
                 Regni
              
               .
               For
               that
               in
               those
               times
               ,
               it
               belonged
               only
               to
               them
               ,
               to
               consult
               with
               the
               King
               on
               State-matters
               and
               matters
               of
               the
               Kingdom
               ;
               insomuch
               as
               no
               other
               in
               the
               Kingdom
               possessed
               any
               thing
               but
               under
               them
               .
               And
               therefore
               ,
               as
               in
               Despotical
               Government
               ,
               the
               agreement
               or
               disagreement
               of
               the
               Master
               of
               the
               Family
               concluded
               the
               menial
               and
               the
               whole
               Family
               ;
               so
               the
               agreement
               and
               disagreement
               of
               the
               chief
               Lord
               or
               him
               that
               held
               
                 in
                 Capite
              
               ,
               concluded
               all
               that
               depended
               on
               him
               or
               claimed
               under
               him
               ,
               in
               any
               matter
               touching
               his
               Fee
               or
               Tenure
               .
               To
               this
               purpose
               ,
               seemeth
               that
               in
               the
               2
               Laws
               of
               Edward
               the
               Confessor
               ,
               ratified
               by
               the
               Conqueror
               :
               
                 Debet
                 etiam
                 Rex
                 omnia
                 ritè
                 facere
                 in
                 regno
                 ,
                 &
                 per
                 judicium
                 proc●rum
                 regni
                 .
              
            
             
               These
               great
               Lords
               ,
               according
               to
               this
               Archetype
               of
               Government
               set
               them
               by
               the
               King
               ,
               divided
               their
               lands
               in
               like
               manner
               among
               their
               Tenants
               and
               followers
               .
               First
               ,
               they
               assign'd
               a
               portion
               
                 ad
                 victum
                 &
                 vestitum
                 suum
              
               ,
               which
               they
               committed
               over
               to
               their
               Socmen
               and
               Husbandmen
               ,
               to
               furnish
               them
               with
               Corn
               ,
               Victuals
               ,
               and
               Provision
               for
               Hospitality
               ;
               and
               briefly
               ,
               all
               things
               necessary
               to
               their
               domestical
               and
               civil
               part
               of
               life
               .
               The
               residue
               they
               divided
               into
               as
               many
               shares
               or
               portions
               as
               might
               well
               maintain
               so
               many
               Military
               men
               ,
               whom
               then
               they
               call'd
               their
               Knights
               ,
               and
               thereupon
               the
               shares
               themselves
               Knights-fees
               ,
               i.
               e.
               
                 stipendia
                 militaria
              
               .
               And
               these
               Fees
               they
               granted
               over
               to
               each
               of
               their
               principal
               followers
               ,
               furnishing
               them
               with
               so
               many
               Knights
               for
               the
               wars
               .
            
             
               These
               Grantees
               that
               receiv'd
               their
               Estates
               from
               the
               Barons
               or
               Capitanei
               and
               not
               from
               the
               King
               ,
               were
               called
               Valvasores
               (
               a
               degree
               above
               Knights
               ,
               )
               and
               were
               unto
               their
               Lords
               (
               the
               Capitanei
               or
               
                 Barones
                 Regis
              
               )
               as
               they
               the
               Capitanei
               were
               unto
               the
               King
               :
               and
               did
               in
               like
               manner
               subdivide
               their
               lands
               among
               their
               Socmen
               and
               Military
               followers
               ,
               who
               in
               old
               time
               were
               call'd
               Valvasini
               ;
               whom
               I
               take
               to
               be
               the
               same
               at
               this
               day
               that
               are
               the
               Lords
               of
               every
               Mannour
               ,
               if
               not
               those
               themselves
               that
               we
               call
               Knights
               ,
               as
               owners
               of
               a
               Knights-Fee
               .
               For
               in
               this
               ,
               the
               Feodal-law
               it self
               is
               doubtful
               and
               various
               ,
               as
               of
               a
               thing
               lost
               by
               Antiquity
               or
               made
               uncertain
               by
               the
               differing
               manners
               of
               several
               Nations
               .
               Insomuch
               ,
               that
               Valvasores
               and
               Valvasini
               grew
               to
               be
               confounded
               ,
               and
               both
               of
               them
               at
               last
               to
               be
               out
               of
               use
               ,
               and
               no
               other
               Military
               Tenures
               to
               be
               known
               amongst
               us
               ,
               than
               
                 tenere
                 p●r
                 Baroniam
              
               ,
               and
               
                 tenere
                 per
                 feodum
                 militare
              
               .
               But
               in
               a
               3
               Charter
               of
               Henr.
               I.
               it
               is
               said
               :
               
                 Si
                 exurgat
                 Placitum
                 de
                 divisione
                 Terrarum
                 ,
                 si
                 interest
                 Barones
                 meos
                 Dominicos
                 ,
                 tractetur
                 in
                 Curia
                 mea
                 ;
                 &
                 si
                 inter
              
               Vavassores
               duorum
               Dominorum
               ,
               
                 tractetur
                 in
                 Comitatu
              
               ,
               &c.
               
               Where
               the
               Valvasores
               were
               also
               ,
               and
               the
               Barons
               themselves
               ,
               4
               Suitors
               and
               Attendants
               .
               Bracton
               mentioneth
               them
               in
               Henry
               III's
               time
               ,
               to
               be
               5
               
                 Viri
                 magnae
                 dignitatis
              
               .
               Nor
               was
               their
               memory
               clean
               gone
               in
               Richard
               II's
               days
               ;
               as
               appeareth
               
               by
               Chaucer
               .
               Yet
               do
               I
               not
               find
               in
               any
               of
               our
               ancient
               Laws
               or
               Monuments
               ,
               that
               they
               stood
               in
               any
               classick
               kind
               of
               Tenure
               ,
               other
               than
               that
               we
               may
               account
               the
               
                 Baron
                 ,
                 Vavasor
              
               ,
               and
               Knight
               ,
               to
               be
               (
               as
               our
               Lawyers
               at
               this
               day
               term
               them
               )
               the
               
                 Chief
                 Lord
                 ,
                 Mesne
              
               ,
               and
               Tenant
               .
            
             
               But
               herein
               the
               Feodal-law
               of
               our
               Country
               differ'd
               from
               that
               of
               Milan
               and
               other
               parts
               .
               For
               there
               the
               Valvasini
               could
               invest
               (
               which
               we
               call
               infeosse
               )
               none
               under
               them
               in
               fee
               ,
               that
               is
               ,
               to
               hold
               of
               them
               by
               Knights-service
               .
               And
               with
               us
               ,
               every
               Tenant
               
                 Par
                 aval
              
               might
               
                 in
                 infinitum
              
               ,
               till
               the
               Statute
               of
               
                 Quia
                 Emptores
                 Terrarum
              
               ,
               enfeoffe
               another
               by
               Knight-service
               ,
               and
               to
               do
               all
               the
               services
               unto
               him
               ,
               that
               he
               did
               to
               his
               Mesne
               Lord.
               So
               that
               by
               this
               means
               ,
               a
               line
               of
               Knights-services
               might
               be
               created
               of
               a
               dozen
               ,
               yea
               twenty
               Mean-Lords
               and
               Tenants
               ,
               wherein
               every
               of
               them
               might
               have
               his
               
                 prochine
                 Tenant
              
               obliged
               unto
               him
               in
               the
               duties
               and
               services
               that
               his
               Lord
               Paramont
               ,
               which
               held
               of
               the
               King
               ,
               was
               to
               do
               and
               yeild
               unto
               the
               King
               himself
               for
               the
               same
               lands
               ,
               viz.
               
            
             
               
                 
                   
                     Honour
                     ,
                  
                   
                     Ward
                     ,
                  
                   
                     Sustenance
                     ,
                  
                   
                      
                  
                   
                      
                  
                
                 
                   
                     Safety
                     ,
                  
                   
                     Marriage
                     ,
                  
                   
                      
                  
                   
                     give
                     keep
                  
                   
                      
                  
                
                 
                   
                     Attendance
                     ,
                  
                   
                     Relief
                     ,
                  
                   
                     Counsel
                     to
                  
                   
                     Aid
                     ,
                  
                
                 
                   
                     Defence
                     of
                     his
                     Person
                     ,
                  
                   
                     Tribute
                     ,
                  
                   
                     Fidelity
                     .
                  
                   
                      
                  
                
                 
                   
                     Defence
                     of
                     his
                     Patrimony
                     ,
                  
                   
                      
                  
                   
                      
                  
                   
                      
                  
                   
                      
                  
                
              
               All
               which
               in
               ancient
               time
               ,
               while
               the
               Feodal-law
               flourished
               ,
               were
               well
               understood
               to
               be
               comprehended
               under
               the
               profession
               of
               Homage
               and
               the
               oath
               of
               Fidelity
               ,
               which
               every
               Feodal
               Tenant
               (
               or
               ,
               as
               others
               call
               him
               ,
               Vassal
               )
               usually
               did
               unto
               his
               Lord.
               
            
             
               Honour
               ;
               1
               promis'd
               by
               the
               Tenant
               upon
               his
               knees
               in
               doing
               Homage
               :
               which
               tho'
               it
               be
               the
               greatest
               and
               most
               submiss
               service
               that
               a
               Freeman
               can
               do
               unto
               his
               Lord
               ,
               yet
               the
               profession
               of
               it
               to
               the
               meanest
               subject
               is
               as
               ample
               and
               submiss
               ;
               yea
               ,
               in
               the
               very
               same
               words
               that
               to
               the
               King
               himself
               .
            
             
               Attendance
               ;
               2
               to
               follow
               and
               attend
               him
               in
               the
               war
               at
               his
               own
               charge
               ;
               and
               in
               peace
               with
               suite
               of
               Court.
               Therefore
               Tacitus
               calleth
               them
               Comites
               .
            
             
               
                 Defence
                 of
                 his
                 person
              
               ;
               for
               if
               he
               forsook
               his
               Lord
               being
               in
               danger
               ,
               it
               was
               forfeiture
               of
               life
               ,
               land
               ,
               and
               all
               he
               had
               .
            
             
               
                 Defence
                 of
                 his
                 Signiory
              
               ;
               that
               nothing
               of
               his
               lands
               ,
               rents
               ,
               or
               services
               ,
               were
               withholden
               or
               withdrawn
               .
            
             
               Profit
               by
               
                 Ward
                 ,
                 Marriage
              
               ,
               and
               Relief
               ,
               as
               they
               fell
               .
            
             
               Tribute
               by
               way
               of
               Aid
               ;
               to
               make
               his
               eldest
               son
               a
               Knight
               ;
               to
               marry
               his
               eldest
               daughter
               ,
               3
               ransom
               himself
               being
               taken
               prisoner
               ;
               yea
               ,
               in
               some
               places
               to
               be
               an
               hostage
               for
               his
               Lord.
               
            
             
               Sustenance
               ;
               4
               that
               being
               faln
               into
               poverty
               ,
               (
               according
               to
               that
               in
               the
               Canon
               law
               spoken
               of
               a
               Patron
               )
               
                 Alatur
                 egenus
              
               .
            
             
               Counsel
               and
               Advice
               ;
               in
               which
               respect
               the
               Tenant
               was
               bound
               ordinarily
               once
               in
               every
               three
               weeks
               to
               come
               to
               his
               Lord's
               Court
               ,
               and
               there
               as
               a
               Judge
               (
               with
               other
               of
               his
               Peers
               )
               to
               censure
               the
               causes
               of
               his
               Signiory
               ,
               and
               to
               direct
               his
               Lord
               ,
               as
               the
               cause
               occurrent
               did
               require
               ,
               and
               always
               to
               keep
               his
               counsel
               .
               This
               to
               the
               meanest
               Lord
               was
               in
               the
               nature
               of
               the
               King
               's
               Great
               Court
               or
               Counsel
               ,
               call'd
               afterward
               a
               Parlyment
               .
            
             
               Fidelity
               ;
               for
               to
               all
               these
               was
               the
               Tenant
               by
               Knights-service
               ty'd
               by
               his
               oath
               of
               Fealty
               ,
               swearing
               to
               be
               
                 feal
                 and
                 leal
              
               :
               As
               the
               oath
               was
               at
               those
               times
               interpreted
               5
               as
               well
               by
               Divines
               and
               Canonists
               ,
               as
               by
               Feodists
               and
               Lawyers
               .
            
             
               And
               as
               these
               were
               inherent
               to
               this
               Tenure
               of
               Common
               right
               ;
               so
               was
               there
               many
               other
               grievous
               exactions
               impos'd
               by
               the
               Lords
               upon
               their
               Tenants
               ;
               
               some
               by
               custom
               of
               the
               Mannour
               ;
               some
               by
               Composition
               upon
               granting
               the
               Fee
               ;
               and
               many
               by
               Signioral
               Authority
               ,
               as
               tho'
               the
               Lord
               besides
               his
               
                 Legal
                 Power
              
               ,
               might
               do
               some
               things
               (
               like
               the
               King
               )
               by
               Prerogative
               .
            
             
               By
               Custom
               ,
               1
               when
               the
               Lord
               or
               Lady
               came
               into
               the
               Mannour
               ,
               the
               Bailiff
               was
               to
               present
               them
               18
               
                 oras
                 denar
              
               .
               and
               every
               of
               their
               servants
               10s.
               with
               some
               summs
               of
               mony
               as
               gratuities
               ,
               
                 ut
                 essent
                 laeti
                 animo
              
               .
            
             
               That
               the
               Tenants
               should
               pay
               32d.
               for
               every
               daughter
               they
               married
               2
               .
            
             
               It
               was
               an
               ordinary
               custom
               ,
               that
               Lords
               might
               take
               (
               not
               only
               of
               their
               Tenants
               ,
               but
               of
               all
               the
               Country
               thereabout
               )
               Victuals
               and
               all
               other
               necessaries
               for
               furnishing
               their
               Castles
               ;
               which
               how
               grievous
               it
               was
               ,
               may
               well
               enough
               be
               conceiv'd
               ,
               tho'
               the
               Statute
               that
               restrain'd
               it
               ,
               did
               not
               testifie
               it
               .
               So
               other
               Lords
               took
               provision
               for
               their
               houshold
               and
               hospitality
               ,
               within
               their
               Mannours
               .
            
             
               By
               Composition
               ;
               3
               as
               to
               have
               their
               Tenants
               attend
               them
               with
               horse
               and
               man
               in
               their
               journies
               ;
               whom
               they
               call'd
               Road-knights
               .
               To
               present
               them
               yearly
               at
               times
               ,
               
                 Horses
                 ,
                 Hawks
              
               ,
               and
               other
               things
               of
               profit
               and
               pleasure
               .
            
             
               By
               
                 Signioral
                 Authority
              
               ;
               as
               to
               lye
               and
               feast
               themselves
               and
               followers
               (
               call'd
               Coshering
               )
               at
               their
               Tenants
               houses
               ;
               and
               when
               any
               matter
               of
               extraordinary
               charge
               fell
               upon
               them
               ,
               then
               to
               extort
               the
               same
               amongst
               their
               Tenants
               ;
               which
               the
               Irish
               ,
               about
               fourty
               years
               since
               ,
               of
               my
               own
               knowledge
               still
               continu'd
               ,
               calling
               it
               Cuttings
               ,
               according
               to
               our
               old
               word
               Tallagium
               .
               But
               among
               us
               it
               was
               taken
               away
               by
               the
               
                 Magna
                 Charta
              
               of
               King
               John.
               
            
             
               I
               speak
               not
               of
               the
               innumerable
               
                 Carriages
                 ,
                 Angaries
              
               ,
               and
               Vexations
               ,
               with
               which
               they
               otherwise
               harrowed
               if
               not
               plagued
               their
               Tenants
               .
               Yet
               must
               I
               not
               let
               that
               pass
               ,
               which
               every
               where
               was
               then
               in
               use
               ,
               for
               Lords
               of
               Castles
               to
               imprison
               men
               at
               pleasure
               ,
               to
               hold
               and
               keep
               distresses
               there
               against
               common
               justice
               ,
               and
               to
               do
               many
               outrages
               all
               about
               them
               .
               Wherein
               the
               Lords
               of
               Mannours
               imitating
               them
               ,
               would
               also
               imprison
               their
               Tenants
               and
               followers
               ;
               which
               Custom
               I
               saw
               also
               yet
               not
               laid
               down
               in
               Ireland
               ,
               fourty
               years
               since
               .
               For
               a
               
               Meane-Lord
               would
               ordinarily
               say
               upon
               offence
               taken
               against
               a
               Churle
               ,
               &c.
               
               
                 Take
                 him
                 and
                 put
                 him
                 in
                 bolts
                 .
              
            
             
               But
               let
               
                 Matthew
                 Paris
              
               ,
               who
               liv'd
               long
               after
               many
               of
               these
               oppressions
               were
               abolish'd
               ,
               tell
               you
               the
               fashions
               of
               those
               times
               *
               .
            
             
               Every
               Lord
               having
               this
               authority
               over
               his
               Tenant
               ,
               the
               Superiour
               as
               comprehending
               them
               all
               and
               holding
               
                 in
                 Capite
              
               ,
               was
               tyed
               to
               the
               King
               to
               see
               all
               under
               his
               tenure
               to
               be
               of
               good
               Government
               ,
               good
               behaviour
               ,
               and
               forth-coming
               whensoever
               they
               should
               be
               demanded
               to
               answer
               any
               misdemeanour
               .
               This
               appeareth
               by
               the
               Laws
               of
               Edward
               the
               Confessor
               ,
               where
               it
               is
               said
               ,
               
                 Archiepiscopi
                 ,
                 Episcopi
                 ,
                 Comites
                 ,
                 Barones
                 ,
                 &
                 omnes
                 qui
                 habuerint
                 Sacam
                 &
                 Socam
                 ,
                 &c.
                 milites
                 &
                 proprios
                 servientes
                 sc
                 .
                 dapiferos
                 ,
                 pincernas
                 ,
                 &c.
                 sub
                 suo
                 friburgo
                 habeant
                 .
              
               That
               is
               ,
               
                 sub
                 sua
                 fide-jussione
                 de
                 se
                 bene
                 gerendo
                 .
              
            
             
               By
               reason
               whereof
               ,
               whatsoever
               those
               their
               Lords
               agreed
               or
               disagreed
               unto
               in
               matters
               of
               the
               State
               and
               Common-wealth
               ,
               it
               did
               bind
               every
               of
               them
               their
               inferiors
               .
               Unto
               whom
               they
               themselves
               might
               then
               also
               appoint
               Laws
               and
               Ordinances
               in
               their
               own
               Courts
               .
               And
               this
               is
               that
               which
               Tacitus
               affirmeth
               to
               have
               been
               the
               ancient
               manner
               of
               the
               Germans
               our
               Ancestors
               ;
               
                 Agricolis
                 suis
                 jus
                 dicere
              
               :
               where
               under
               the
               word
               Agricolis
               ,
               he
               intendeth
               all
               them
               whom
               we
               call
               Tenants
               .
            
             
               Hence
               then
               it
               comes
               to
               pass
               ,
               that
               in
               making
               Laws
               of
               the
               Kingdom
               ,
               the
               common
               people
               were
               not
               consulted
               with
               ,
               but
               only
               the
               Barons
               and
               those
               which
               held
               
                 in
                 Capite
              
               ,
               who
               then
               were
               call'd
               
                 Consilium
                 Regni
              
               .
               And
               the
               common
               people
               being
               ,
               as
               I
               said
               ,
               by
               way
               of
               tenure
               under
               one
               or
               other
               of
               them
               ,
               did
               then
               by
               him
               that
               was
               their
               chief
               Lord
               (
               as
               by
               their
               Tribune
               or
               Procurator
               ,
               
               and
               as
               now
               by
               the
               
                 Knights
                 of
                 the
                 Shire
              
               )
               consent
               or
               dissent
               in
               Law-making
               ,
               and
               are
               not
               therefore
               nam'd
               in
               the
               title
               of
               any
               ancient
               Law.
               
            
             
               Look
               Doomsday-book
               ,
               and
               there
               ye
               shall
               see
               the
               whole
               Kingdom
               divided
               only
               among
               the
               Barons
               and
               great
               Persons
               :
               and
               the
               whole
               Commons
               of
               the
               Kingdom
               distributed
               and
               plac'd
               under
               some
               of
               them
               ,
               tho'
               not
               by
               name
               ,
               yet
               by
               number
               in
               their
               several
               qualities
               .
            
             
               Let
               us
               then
               see
               ,
               how
               the
               practice
               of
               those
               ancient
               ages
               agreed
               with
               this
               Theoreme
               .
            
             
               King
               Ina
               1
               made
               his
               Laws
               by
               the
               advice
               of
               Kenred
               his
               father
               ,
               and
               (
               as
               he
               saith
               himself
               )
               
                 Heddis
                 &
                 Erkenwaldi
                 Episcoporum
                 meorum
                 ,
                 &
                 omnium
                 Aldermannorum
              
               (
               i.
               e.
               Procerum
               )
               
                 meorum
                 ,
                 &
                 seniorum
                 sapientum
                 Regni
                 mei
                 ,
                 &
                 multa
                 aggregatione
                 servorum
                 Dei
                 ,
              
               which
               is
               of
               Church-men
               ,
               as
               I
               take
               it
               .
            
             
               Alured
               briefly
               ,
               2
               Consilio
               sapientum
               meorum
               .
            
             
               Edward
               the
               Elder
               proposeth
               his
               3
               Laws
               not
               as
               Senatus-consultum
               but
               as
               
                 Edictum
                 Principis
              
               ;
               viz.
               
                 Ego
                 Edouardus
                 Rex
                 ,
                 iis
                 omnibus
                 qui
                 Reipub.
                 praesunt
                 ,
                 etiam
                 atque
                 etiam
                 mando
                 ,
                 ut
                 ,
              
               &c.
               
               And
               after
               by
               the
               absolute
               words
               ,
               
                 Praecipio
                 ,
                 Statuimus
                 ,
                 Volo
              
               .
               Yet
               those
               wherein
               he
               and
               Guthrun
               the
               Dane
               joyned
               ,
               are
               call'd
               4
               Senatus-consulta
               .
            
             
               Ethelstane
               
                 made
                 his
              
               ,
               5
               Ex
               prudenti
               Vlfhelmae
               Archiepiscopi
               aliorumque
               Episcoporum
               suorum
               consilio
               ,
               nec-non
               omnium
               Optimatum
               &
               sapientum
               mandato
               suo
               congregatorum
               .
            
             
               Edmund
               ,
               
                 in
                 a
                 great
                 Assembly
              
               ,
               6
               Tam
               Ecclesiasticorum
               quàm
               Laicorum
               ,
               cui
               interfuerunt
               Oda
               &
               Wulstanus
               Archiep.
               plurimique
               alii
               Episcopi
               .
            
             
               Edgar
               ,
               7
               In
               frequenti
               sapientum
               Senatu
               .
            
             
               Ethelred
               ,
               8
               In
               sapientum
               Concilio
               .
            
             
               Canuius
               saith
               ,
               9
               Sapientum
               adhibito
               Consilio
               per
               omnem
               Angliam
               observari
               praecipio
               .
            
             
               As
               for
               Edward
               the
               Confessor
               ,
               his
               Laws
               come
               not
               to
               us
               as
               they
               were
               composed
               by
               himself
               ,
               but
               as
               the
               Paragraphs
               of
               them
               were
               collected
               by
               the
               Conqueror
               ,
               and
               augmented
               afterward
               .
               In
               which
               collection
               ,
               there
               is
               no
               mention
               made
               of
               the
               manner
               of
               their
               Institution
               .
               But
               reciting
               of
               a
               passage
               of
               St.
               Austens
               touching
               Tithes
               ,
               it
               is
               spoken
               as
               of
               former
               time
               ,
               that
               
                 Haec
                 concessa
                 sunt
                 à
                 Rege
                 ,
                 Baronibus
                 &
                 populo
              
               ;
               meaning
               ,
               the
               several
               kinds
               of
               Tithes
               there
               mention'd
               .
               But
               whether
               these
               words
               extend
               to
               a
               concession
               of
               them
               by
               Parlament
               (
               as
               we
               now
               call
               it
               ,
               )
               or
               by
               a
               voluntary
               contribution
               of
               them
               ,
               yeilded
               unto
               by
               the
               King
               ,
               the
               Barons
               ,
               and
               the
               people
               ,
               according
               to
               the
               Canons
               of
               the
               Church
               ,
               I
               leave
               to
               others
               to
               determine
               .
            
             
               To
               come
               to
               times
               of
               the
               Conquerour
               ;
               wherein
               
                 Novus
                 seclorum
                 nascitur
                 ordo
              
               ;
               and
               from
               whence
               ,
               as
               from
               a
               new
               period
               ,
               we
               must
               now
               take
               all
               our
               projections
               .
               The
               great
               establishment
               of
               his
               own
               and
               of
               Edward
               the
               Confessor's
               Laws
               ,
               is
               said
               in
               the
               title
               to
               be
               that
               which
               
                 Gulielmus
                 Rex
                 Anglorum
                 cum
                 Principibus
                 suis
                 constituit
                 post
                 conquisitionem
                 Angliae
                 .
              
               Other
               Authors
               instead
               of
               Principibus
               have
               Barones
               .
               And
               tho'
               all
               his
               Laws
               for
               the
               most
               part
               were
               ordain'd
               by
               his
               Charter
               in
               his
               own
               name
               only
               ,
               yet
               they
               seem
               to
               be
               made
               by
               the
               consent
               of
               the
               Bishops
               and
               Barons
               .
               For
               in
               his
               Charter
               whereby
               he
               divideth
               the
               Court-Christian
               from
               the
               Temporal
               ,
               he
               saith
               thus
               —
               
                 Sciatis
                 —
                 quod
                 Episcopales
                 Leges
                 —
                 communi
                 Concilio
                 &
                 consilio
                 Archiepiscoporum
                 meorum
                 &
                 caeterorum
                 Episcoporum
                 &
                 Abbatum
                 ,
                 &
                 omnium
                 Principum
                 regni
                 mei
                 emendandas
                 judicavi
                 .
              
               And
               this
               seemeth
               to
               be
               that
               same
               
                 Commune
                 Concilium
                 totius
                 Regni
              
               ,
               whereby
               he
               made
               the
               Laws
               he
               speaketh
               of
               in
               his
               Charter
               of
               the
               great
               Establishment
               aforesaid
               .
            
             
             
               
                 William
                 Rufus
              
               in
               An.
               1094.
               calls
               1
               
                 Episcopos
                 ,
                 Abbates
                 cunctosque
                 Regni
                 Principes
              
               to
               a
               Council
               at
               Rochingheham
               ,
               5.
               
               Id.
               Mar.
               
            
             
               Henry
               I.
               
                 de
                 communi
                 Concilio
                 gentis
                 Anglorum
              
               (
               saith
               Matthew
               Paris
               )
               
                 posuit
                 Dunelmensem
                 Episcopum
                 in
                 vinculis
              
               .
               Where
               
                 Gentis
                 Anglorum
              
               might
               be
               extended
               to
               such
               a
               Parlament
               as
               we
               use
               at
               this
               day
               ,
               if
               the
               use
               of
               that
               time
               had
               born
               it
               .
               But
               Eadmere
               speaking
               of
               a
               Great
               Counsel
               holden
               a
               little
               after
               at
               Lambith
               ,
               calleth
               it
               
                 Concilium
                 Magnatum
                 utriusque
                 Ordinis
              
               ,
               excluding
               plainly
               the
               Commons
               .
               And
               to
               that
               effect
               are
               also
               all
               the
               other
               Councils
               of
               his
               time
               .
            
             
               But
               our
               later
               Chroniclers
               following
               2
               Polydore
               as
               it
               seemeth
               (
               for
               they
               cite
               no
               Author
               )
               do
               affirm
               that
               Henry
               I.
               in
               the
               sixteenth
               year
               of
               his
               reign
               ,
               held
               the
               first
               Parlament
               of
               the
               three
               Estates
               .
               The
               truth
               whereof
               I
               have
               taken
               some
               pains
               to
               examine
               ;
               but
               can
               find
               nothing
               to
               make
               it
               good
               .
               3
               Eadmerus
               who
               flourisht
               at
               that
               very
               time
               ,
               writing
               particularly
               of
               this
               Council
               or
               Assembly
               ,
               saith
               ,
               XIII
               .
               Kal.
               
                 Aprilis
                 ,
                 factus
                 est
                 conventus
                 Episcoporum
                 ,
                 Abbatum
                 ,
                 &
                 Principum
                 totius
                 Regni
                 apud
                 Serberiam
                 ,
                 cogente
                 eos
                 illuc
                 sanctione
                 Regis
              
               Henrici
               I.
               And
               among
               other
               causes
               handled
               there
               ,
               he
               sheweth
               this
               to
               be
               the
               principal
               ,
               viz.
               That
               the
               King
               being
               to
               go
               into
               Normandy
               ,
               and
               not
               knowing
               how
               God
               might
               dispose
               of
               him
               ,
               he
               desir'd
               that
               the
               succession
               might
               be
               confirm'd
               on
               his
               son
               William
               .
               Whereupon
               (
               saith
               
                 Eadmer
                 )
                 omnes
                 Principes
                 facti
                 sunt
                 homines
                 ipsius
                 Willielmi
                 ,
                 fide
                 &
                 Sacramento
                 confirmati
                 .
              
            
             
               
                 Florentius
                 Wigorniensis
              
               ,
               who
               liv'd
               at
               that
               time
               and
               dy'd
               about
               two
               years
               after
               ,
               4
               reporteth
               it
               to
               the
               same
               effect
               .
               
                 Conventio
                 Optimatum
                 &
                 Baronum
                 totius
                 Angliae
                 apud
                 Sealesbiriam
              
               14.
               
               
                 Cal.
                 Apr.
                 facta
                 est
                 ▪
                 qui
                 in
                 praesentia
                 Regis
                 Henrici
                 ,
                 homagium
                 filio
                 suo
                 Gulielmo
                 fecerunt
                 &
                 fidelitatem
                 ei
                 juraverunt
                 .
              
               Here
               is
               no
               mention
               of
               the
               Commons
               ;
               whom
               in
               likelyhood
               they
               should
               not
               have
               pretermitted
               ,
               if
               they
               had
               been
               there
               assembled
               ,
               contrary
               to
               the
               usual
               custom
               of
               those
               times
               .
            
             
               Nor
               doth
               any
               succeeding
               5
               Author
               that
               I
               can
               find
               ,
               once
               touch
               upon
               it
               .
               I
               conceive
               there
               might
               a
               mistaking
               grow
               by
               Polydore
               or
               some
               other
               ;
               for
               that
               many
               of
               the
               Commons
               ,
               if
               not
               all
               ,
               were
               at
               this
               time
               generally
               sworn
               to
               Prince
               William
               ,
               as
               well
               as
               the
               Barons
               were
               ;
               and
               as
               after
               in
               the
               year
               1127.
               to
               Maud
               his
               daughter
               ,
               Prince
               William
               being
               then
               dead
               .
               But
               I
               no
               where
               find
               in
               all
               the
               Councils
               (
               or
               Parlaments
               if
               you
               so
               will
               call
               them
               )
               of
               this
               time
               ,
               any
               mention
               made
               of
               any
               other
               than
               the
               Bishops
               ,
               Barons
               ,
               and
               great
               Persons
               of
               the
               Realm
               .
               And
               so
               likewise
               in
               the
               time
               of
               King
               Stephen
               .
            
             
               The
               first
               alteration
               that
               I
               meet
               with
               ,
               is
               in
               the
               twenty
               second
               year
               of
               Hen.
               II.
               where
               
                 Benedict
                 Abbas
              
               saith
               ,
               
                 Circa
                 festum
                 S.
                 Pauli
                 venit
                 Dominus
                 Rex
                 usque
                 ad
                 Northampton
                 ,
                 &
                 magnum
                 ibi
                 celebravit
                 Concilium
                 de
                 Statutis
                 regni
                 sui
                 ,
                 coram
                 Episcopis
                 ,
                 Comitibus
                 ,
                 &
                 Baronibus
                 terrae
                 suae
                 ,
                 &
                 per
                 consilium
                 Militum
                 &
                 Hominum
                 suorum
                 .
              
               Here
               
                 Militum
                 &
                 Hominum
                 suorum
              
               extendeth
               beyond
               the
               Barons
               ,
               and
               agreeth
               with
               the
               Charter
               of
               King
               John
               ,
               as
               after
               shall
               appear
               .
               Yet
               Hoveden
               speaking
               of
               this
               Council
               ,
               doth
               not
               mention
               them
               ;
               but
               only
               termeth
               it
               
                 Magnum
                 Concilium
              
               .
            
             
               But
               there
               hapn'd
               about
               this
               time
               a
               notable
               alteration
               in
               the
               Common-wealth
               .
               For
               the
               great
               Lords
               and
               owners
               of
               Towns
               which
               before
               manur'd
               their
               lands
               by
               Tenants
               at
               Will
               ,
               began
               now
               generally
               to
               grant
               them
               Estates
               in
               fee
               ,
               and
               thereby
               to
               make
               a
               great
               multitude
               of
               Free-holders
               more
               than
               had
               been
               .
               Who
               by
               reason
               of
               their
               several
               interests
               ,
               and
               being
               not
               so
               absolutely
               ty'd
               unto
               their
               Lords
               as
               in
               former
               time
               ,
               began
               now
               to
               be
               a
               more
               eminent
               part
               in
               the
               Common-wealth
               ,
               and
               more
               to
               be
               respected
               therefore
               in
               making
               Laws
               ,
               to
               bind
               them
               and
               their
               Inheritance
               .
            
             
               But
               the
               words
               
                 Militum
                 &
                 Hominum
                 suorum
              
               ,
               imply
               such
               as
               held
               of
               the
               King
               
               
                 in
                 Capite
              
               not
               
                 per
                 Baroniam
              
               ,
               and
               therefore
               were
               no
               Barons
               ;
               yet
               such
               as
               by
               right
               of
               their
               Tenure
               ought
               to
               have
               some
               voice
               or
               Patron
               to
               speak
               for
               them
               in
               the
               Councils
               of
               the
               Kingdom
               .
               For
               holding
               of
               the
               King
               ,
               as
               the
               Barons
               did
               ,
               they
               could
               not
               be
               patronized
               under
               them
               .
               And
               doubtless
               they
               were
               not
               many
               at
               this
               time
               ,
               tho'
               much
               encreased
               since
               the
               making
               of
               
                 Domesdei
                 ▪
                 book
              
               ;
               where
               those
               few
               that
               were
               then
               ,
               are
               mentioned
               .
               And
               it
               may
               be
               ,
               the
               word
               Hominum
               ,
               here
               doth
               signify
               those
               that
               serv'd
               for
               Burrough-Towns
               holden
               of
               the
               King
               ;
               for
               it
               must
               be
               understood
               of
               Tenants
               not
               of
               Servants
               .
            
             
               To
               grope
               no
               further
               in
               this
               darkness
               .
               The
               first
               certain
               light
               that
               I
               discover
               for
               the
               form
               of
               our
               Parliaments
               at
               this
               day
               ,
               is
               ,
               that
               which
               riseth
               fourty
               years
               after
               ,
               in
               the
               
                 Magna
                 Charta
              
               of
               King
               John.
               The
               words
               whereof
               I
               will
               recite
               at
               large
               ,
               as
               they
               stand
               not
               only
               in
               
                 Matthew
                 Paris
              
               ,
               but
               also
               in
               the
               Red-Book
               of
               the
               Exchequer
               ,
               with
               some
               little
               difference
               hapning
               in
               the
               writing
               .
            
             
               Et
               Civitas
               Londinensis
               habeat
               omnes
               antiquas
               libertates
               &
               liberas
               consuetudines
               suas
               tam
               per
               terras
               quam
               per
               aquas
               .
            
             
               Praetereà
               ,
               volumus
               &
               concedimus
               ,
               quod
               omnes
               aliae
               Civitates
               &
               Burgi
               ,
               &
               Villae
               ,
               &
               Barones
               de
               quinque
               Portubus
               ,
               &
               omnes
               Portus
               ,
               habeant
               omnes
               libertates
               ,
               &
               omnes
               liberas
               consuetudines
               suas
               :
               Et
               ad
               habendum
               commune
               Consilium
               Regni
               de
               Auxiliis
               assidendis
               (
               aliter
               quam
               in
               1
               tribus
               casibus
               praedictis
               )
               &
               de
               Scutagiis
               assidendis
               ;
               summoneri
               faciemus
               Archiepiscopos
               ,
               Episcopos
               ,
               Abbates
               ,
               Comites
               ,
               &
               Majores
               Barones
               Regni
               sigillatim
               per
               literas
               nostras
               .
               Et
               praetereà
               faciemus
               summoneri
               in
               generali
               per
               Vice-Comites
               &
               Ballivos
               nostros
               ,
               omnes
               alias
               qui
               in
               Capite
               tenent
               de
               nobis
               ,
               ad
               certum
               diem
               ,
               scil
               .
               ad
               terminum
               40.
               dierum
               ad
               minus
               ,
               &
               ad
               certum
               locum
               ;
               &
               in
               omnibus
               literis
               summonitionis
               illius
               ,
               causam
               summonitionis
               illius
               exponemus
               .
               Et
               sic
               facta
               summonitione
               negotium
               procedat
               ad
               diem
               assignatum
               ,
               secundum
               consilium
               eorum
               qui
               praesentes
               fuerint
               ,
               quamvis
               non
               omnes
               summoniti
               venerint
               .
            
             
               Here
               is
               laid
               forth
               the
               Members
               ,
               the
               Matter
               ,
               and
               the
               Manner
               of
               summoning
               of
               a
               Common
               Council
               of
               the
               Kingdom
               ;
               which
               as
               it
               seemeth
               was
               not
               yet
               in
               the
               Records
               of
               State
               call'd
               a
               Parlament
               .
            
             
               The
               Members
               are
               of
               three
               sorts
               .
               First
               ,
               the
               Arch-Bishops
               ,
               Bishops
               ,
               Abbots
               ,
               Earls
               ,
               and
               the
               Greater
               Barons
               of
               the
               Kingdom
               ,
               so
               call'd
               to
               distinguish
               them
               from
               the
               Lesser
               Barons
               ,
               which
               were
               the
               Lords
               of
               Mannours
               .
               Secondly
               ,
               Those
               (
               here
               before
               mention'd
               by
               
                 Bened.
                 Abbas
              
               to
               be
               call'd
               to
               Clarenden
               )
               that
               held
               of
               the
               King
               
                 in
                 Capite
              
               ;
               whom
               I
               take
               to
               be
               now
               the
               Knights
               of
               the
               Shire
               .
               And
               thirdly
               ,
               those
               of
               Cities
               ,
               Burroughs
               ,
               and
               Towns
               ,
               call'd
               Burgesses
               ,
               and
               the
               Barons
               of
               the
               Cinque-ports
               .
            
             
               The
               first
               sort
               are
               to
               appear
               personally
               ,
               or
               by
               particular
               Proxies
               ;
               for
               the
               words
               as
               touching
               them
               are
               ,
               
                 Summoniri
                 faciemus
                 sigillatim
              
               :
               but
               as
               touching
               the
               others
               ,
               it
               is
               
                 Summoniri
                 faciemus
                 generaliter
              
               ,
               &c.
               not
               that
               all
               should
               come
               confusedly
               ,
               but
               that
               they
               should
               send
               their
               Advocates
               ,
               which
               commonly
               are
               but
               two
               ,
               to
               speak
               for
               them
               .
               These
               the
               French
               in
               their
               Parliaments
               call
               2
               Ambasiatores
               ,
               and
               Syndicos
               .
            
             
               In
               the
               first
               rank
               ,
               the
               Earls
               and
               greater
               Barons
               have
               their
               place
               in
               this
               Council
               ;
               for
               that
               they
               hold
               of
               the
               King
               
                 in
                 Capite
              
               by
               a
               Baronie
               ▪
               And
               the
               Bishops
               and
               Abbots
               with
               them
               of
               the
               second
               rank
               :
               so
               likewise
               ,
               for
               that
               it
               was
               declared
               and
               ordained
               in
               the
               Council
               of
               Clarendon
               ,
               that
               they
               should
               have
               their
               possessions
               of
               the
               King
               as
               a
               Barony
               ,
               and
               should
               be
               suiters
               ,
               and
               sit
               in
               the
               King's
               Court
               in
               judgements
               ,
               as
               other
               Barons
               ;
               till
               it
               came
               to
               the
               diminution
               of
               Members
               ,
               or
               matter
               of
               death
               .
               But
               this
               Council
               of
               Clarendon
               did
               rather
               affirm
               than
               give
               them
               their
               priviledge
               .
               For
               the
               Prelates
               of
               the
               Church
               were
               in
               all
               ages
               the
               prime
               part
               of
               these
               great
               Councils
               .
               In
               the
               third
               rank
               ,
               the
               Burgesses
               and
               
                 Barons
                 of
                 the
                 Cinque-ports
              
               have
               their
               place
               ;
               not
               
               so
               much
               in
               respect
               of
               Tenure
               (
               for
               they
               were
               not
               conceived
               to
               be
               owners
               of
               lands
               )
               but
               for
               that
               in
               Taxes
               and
               Tallages
               touching
               their
               goods
               and
               matter
               of
               Trade
               ,
               they
               might
               have
               some
               to
               speak
               for
               them
               ,
               as
               well
               as
               other
               Members
               of
               the
               Kingdom
               .
            
             
               But
               here
               then
               ariseth
               a
               question
               ,
               how
               it
               cometh
               to
               pass
               ,
               that
               every
               poor
               Burrough
               of
               England
               ,
               how
               little
               soever
               it
               be
               ,
               (
               two
               excepted
               )
               have
               two
               to
               speak
               for
               them
               in
               this
               great
               Council
               ,
               when
               the
               greatest
               Counties
               have
               no
               more
               .
            
             
               It
               seemeth
               that
               those
               of
               the
               Counties
               whom
               we
               call
               Knights
               ,
               served
               not
               in
               ancient
               time
               for
               all
               the
               Free-holders
               of
               the
               County
               ,
               as
               at
               this
               day
               they
               do
               ,
               but
               were
               only
               chosen
               in
               the
               behalf
               of
               them
               that
               held
               of
               the
               King
               
                 in
                 Capite
              
               ,
               and
               were
               not
               
                 Barones
                 majores
              
               Barons
               of
               the
               Realm
               .
               For
               all
               Freeholders
               besides
               them
               had
               their
               Lord
               Paramount
               (
               which
               held
               
                 in
                 capite
              
               to
               speak
               for
               them
               )
               as
               I
               have
               shewed
               before
               ;
               and
               these
               only
               had
               no
               body
               ,
               for
               that
               themselves
               held
               immediately
               of
               the
               King.
               Therefore
               King
               John
               by
               his
               Charter
               did
               agree
               to
               summon
               them
               only
               and
               no
               other
               Freeholders
               ;
               howbeit
               those
               other
               Freeholders
               ,
               because
               they
               could
               not
               always
               be
               certainly
               distinguish'd
               from
               them
               that
               held
               
                 in
                 capite
              
               ,
               (
               which
               encreased
               daily
               )
               grew
               by
               little
               and
               little
               to
               have
               voices
               in
               election
               of
               the
               Knights
               of
               the
               Shire
               ,
               and
               at
               last
               to
               be
               confirm'd
               therein
               by
               the
               Stat.
               7.
               
               Henr.
               IV.
               and
               8.
               
               Henr.
               VI.
               But
               to
               come
               to
               our
               question
               ,
               why
               there
               are
               but
               two
               Knights
               for
               a
               County
               ?
               It
               may
               well
               seem
               to
               be
               ,
               for
               that
               in
               those
               times
               of
               old
               there
               were
               very
               few
               besides
               the
               Barons
               that
               held
               
                 in
                 capite
              
               ,
               as
               appeareth
               by
               that
               we
               have
               already
               spoken
               ;
               and
               that
               two
               therefore
               might
               seem
               sufficient
               for
               these
               few
               ,
               as
               well
               as
               two
               for
               the
               greatest
               Burroughs
               or
               City
               of
               England
               ,
               except
               London
               .
               And
               it
               may
               be
               ,
               that
               of
               the
               four
               which
               serve
               for
               London
               ,
               two
               of
               them
               be
               for
               it
               as
               it
               is
               a
               City
               ,
               and
               two
               other
               as
               it
               is
               a
               County
               ;
               tho'
               elsewhere
               it
               be
               not
               so
               .
            
             
               But
               when
               two
               came
               first
               to
               be
               chosen
               or
               appointed
               for
               the
               rest
               of
               the
               Burrough
               or
               County
               ,
               I
               cannot
               find
               .
               It
               seemeth
               by
               those
               Synods
               that
               were
               holden
               in
               the
               times
               of
               the
               Saxon
               Kings
               ,
               and
               by
               some
               after
               the
               Conquest
               ,
               that
               great
               numbers
               of
               the
               common
               people
               flowed
               thither
               1
               .
               For
               it
               is
               said
               in
               An.
               1021.
               
               
                 Cum
                 quamplurimis
                 gregariis
                 militibus
                 ,
                 ac
                 cum
                 populi
                 multitudine
                 copiosa
                 :
              
               And
               An.
               1126.
               
               
                 Innumeraque
                 Cleri
                 &
                 populi
                 multitudine
              
               :
               and
               so
               likewise
               in
               An.
               1138.
               and
               other
               Synods
               and
               Councils
               .
            
             
               
                 By
                 what
                 order
                 or
                 limitation
                 ,
                 this
              
               innumera
               populi
               multitudo
               
                 came
                 to
                 these
                 Assemblies
                 ,
                 it
                 appeareth
                 not
                 .
              
               2
               Bartol
               
                 that
                 famous
                 Civilian
                 ,
                 and
              
               3
               Hottoman
               
                 according
                 with
                 him
                 ,
                 thus
                 expoundeth
                 it
                 in
                 other
                 places
                 .
              
               Nota
               :
               quod
               Praesides
               Provinciarum
               coadunant
               universale
               Parlamentum
               Provinciae
               :
               quod
               intellige
               ,
               non
               quod
               omnes
               de
               Provincia
               debent
               ad
               illud
               ire
               ,
               sed
               de
               omnibus
               Civitatibus
               deputantur
               Ambasiatores
               ,
               qui
               Civitatem
               repraesentant
               .
               And
               4
               Johan
               .
               de
               Platea
               
                 likewise
                 saith
              
               :
               Vbi
               super
               aliquo
               providendum
               est
               ,
               pro
               utilitate
               totius
               Provinciae
               ,
               debet
               congregari
               generale
               Concilium
               seu
               Parlamentum
               :
               non
               quod
               omnes
               de
               Provincia
               vadant
               ,
               sed
               de
               qualibet
               Civitate
               aliqui
               Ambasiatores
               vel
               Syndici
               ,
               qui
               totam
               Civitatem
               repraesentent
               .
               In
               quo
               Concilio
               seu
               Parlamento
               petitur
               proponi
               sanum
               ac
               utile
               consilium
               .
            
             
               But
               our
               Burgesses
               ,
               as
               it
               seemeth
               ,
               in
               time
               of
               old
               were
               not
               call'd
               to
               consult
               of
               State
               matters
               ;
               being
               unproper
               to
               their
               Education
               ,
               otherwise
               than
               in
               matter
               of
               Aide
               and
               Subsidy
               .
               For
               King
               John
               granteth
               no
               more
               unto
               them
               ,
               than
               
                 ad
                 habendum
                 commune
                 consilium
                 regni
                 de
                 auxiliis
                 assid●ndis
              
               ;
               if
               his
               Charter
               be
               so
               pointed
               that
               this
               clause
               belong
               to
               that
               of
               the
               Liberties
               granted
               to
               them
               :
               which
               is
               very
               doubtful
               ,
               and
               seemeth
               rather
               to
               belong
               to
               that
               which
               followeth
               ;
               otherwise
               ,
               there
               are
               no
               words
               at
               all
               for
               calling
               them
               unto
               the
               great
               Councils
               ,
               or
               Parlaments
               (
               if
               you
               so
               will
               term
               them
               )
               of
               that
               time
               .
            
             
             
               And
               yet
               further
               ,
               it
               is
               to
               be
               noted
               ,
               that
               this
               whole
               branch
               of
               his
               Charter
               ,
               touching
               the
               manner
               of
               his
               summoning
               a
               great
               Council
               ,
               was
               not
               comprised
               in
               the
               Articles
               (
               between
               him
               and
               his
               Barons
               )
               whereupon
               the
               Charter
               was
               grounded
               ;
               but
               gain'd
               from
               him
               ,
               as
               it
               seemeth
               ,
               afterward
               .
               And
               that
               may
               be
               a
               reason
               why
               it
               is
               left
               out
               in
               the
               
                 Magna
                 Charta
              
               of
               Henry
               III.
               confirm'd
               after
               by
               Edward
               I.
               in
               such
               manner
               as
               now
               we
               have
               it
               .
               The
               Charter
               of
               these
               Articles
               ,
               I
               have
               seen
               under
               his
               own
               Seal
               .
            
             
               After
               the
               death
               of
               King
               John
               ,
               I
               find
               many
               of
               these
               great
               Councils
               holden
               ,
               and
               to
               be
               often
               named
               by
               the
               Authors
               of
               that
               time
               Colloquia
               ,
               after
               the
               French
               word
               Parlament
               ;
               but
               no
               mention
               in
               any
               of
               them
               of
               Burgesses
               ;
               saving
               that
               in
               
                 An.
                 Dom.
              
               1225.
               
               Regis
               10.
               it
               is
               said
               ,
               that
               the
               King
               held
               his
               Christmass
               at
               Westminster
               ,
               
                 Praesentibus
                 clero
                 &
                 populo
                 ,
                 cum
                 Magnatibus
                 regionis
                 :
              
               and
               that
               the
               solemnity
               being
               ended
               ,
               
                 Hugh
                 de
                 Burgo
              
               the
               King's
               Justice
               propounded
               to
               the
               Arch-Bishop
               ,
               Bishops
               ,
               Earls
               ,
               Barons
               ,
               &
               
                 aliis
                 universis
              
               ,
               the
               losses
               the
               King
               had
               received
               in
               France
               ,
               requiring
               of
               them
               one
               XV
               th
               .
            
             
               And
               in
               the
               year
               1229.
               the
               King
               summoneth
               to
               Westminster
               
                 Archiepiscopos
                 ,
                 Episcopos
                 ,
                 Abbates
                 ,
                 Priores
                 ,
                 Templarios
                 ,
                 Hospitalarios
                 ,
                 Comites
                 ,
                 Barones
                 ,
                 Ecclesiarum
                 Rectores
                 ,
                 &
                 qui
                 de
                 se
                 tenebant
                 in
                 capite
              
               ;
               about
               the
               granting
               a
               tenth
               to
               the
               Pope
               :
               wherein
               those
               that
               held
               
                 in
                 capite
              
               are
               call'd
               (
               as
               in
               Henr.
               II.
               )
               to
               the
               Council
               of
               Clarendon
               ,
               and
               as
               the
               Charter
               of
               King
               John
               purporteth
               ;
               but
               no
               mention
               is
               here
               made
               of
               Burgesses
               .
            
          
        
      
       
         
           
             
             
             
               THE
               ORIGINAL
               OF
               THE
               FOUR
               TERMS
               Of
               the
               Year
               .
            
             
               By
               Sir
               
                 HENRY
                 SPELMAN
              
               Kt.
               
            
             
               Printed
               in
               the
               Year
               1684.
               from
               a
               very
               uncorrect
               and
               imperfect
               Copy
               :
               
                 Now
                 ,
                 Publish'd
                 from
                 the
                 Original
                 Manuscript
                 in
                 the
              
               BODLEIAN
               Library
               .
            
          
           
             
             
               Sir
               
                 William
                 Dugdale
              
               in
               his
               
                 Origines
                 Juridiciales
              
               ,
               Chap.
               32.
               pag.
               89.
               concerning
               this
               Treatise
               .
            
             
               
                 I
                 shall
                 here
                 briefly
                 exhibit
                 some
                 particulars
                 ,
                 which
                 I
                 acknowledge
                 to
                 have
                 gather'd
                 from
                 an
                 ample
                 and
                 most
                 judicious
                 discourse
                 on
                 this
                 Subject
                 ,
                 written
                 by
                 the
                 Learned
                 Sir
                 
                   Henry
                   Spelman
                
                 Knight
                 ,
                 in
                 1614.
                 very
                 well
                 worthy
                 to
                 be
                 made
                 publick
                 .
              
            
          
           
             
             
               THE
               Occasion
               of
               this
               Discourse
               .
            
             
               ABout
               fourty
               two
               years
               since
               ,
               divers
               Gentlemen
               in
               London
               ,
               studious
               of
               Antiquities
               ,
               fram'd
               themselves
               into
               a
               College
               or
               Society
               of
               Antiquaries
               ,
               appointing
               to
               meet
               every
               Friday
               weekly
               in
               the
               Term
               at
               a
               place
               agreed
               of
               ,
               and
               for
               Learning
               sake
               to
               confer
               upon
               some
               questions
               in
               that
               Faculty
               ,
               and
               to
               sup
               together
               .
               The
               place
               ,
               after
               a
               meeting
               or
               two
               ,
               became
               certain
               at
               Darby-house
               ,
               where
               the
               Herald's-Office
               is
               kept
               ,
               and
               two
               Questions
               were
               propounded
               at
               every
               meeting
               ,
               to
               be
               handled
               at
               the
               next
               that
               followed
               ;
               so
               that
               every
               man
               had
               a
               sennight's
               respite
               to
               advise
               upon
               them
               ,
               and
               then
               to
               deliver
               his
               opinion
               .
               That
               which
               seem'd
               most
               material
               ,
               was
               by
               one
               of
               the
               company
               (
               chosen
               for
               the
               purpose
               )
               to
               be
               enter'd
               in
               a
               book
               ;
               that
               so
               it
               might
               remain
               unto
               posterity
               .
               The
               Society
               increased
               daily
               :
               many
               persons
               of
               great
               worth
               ,
               as
               well
               noble
               as
               other
               learned
               ,
               joyning
               themselves
               unto
               it
               .
            
             
               Thus
               it
               continu'd
               divers
               years
               ;
               but
               as
               all
               good
               uses
               commonly
               decline
               ;
               so
               many
               of
               the
               chief
               Supporters
               hereof
               either
               dying
               or
               withdrawing
               themselves
               from
               London
               into
               the
               Country
               ;
               this
               among
               the
               rest
               grew
               for
               twenty
               years
               to
               be
               discontinu'd
               .
               But
               it
               then
               came
               again
               into
               the
               mind
               of
               divers
               principal
               Gentlemen
               to
               revive
               it
               ;
               and
               for
               that
               purpose
               ,
               upon
               the
               —
               day
               of
               —
               in
               the
               year
               1614.
               there
               met
               at
               the
               same
               place
               Sir
               
                 James
                 Ley
              
               Knight
               ,
               then
               Attorney
               of
               the
               Court
               of
               Wards
               ,
               since
               Earl
               of
               Marleborough
               and
               Lord
               Treasurer
               of
               England
               ;
               Sir
               
                 Robert
                 Cotton
              
               Knight
               and
               Baronett
               ;
               Sir
               
                 John
                 Davies
              
               his
               Majestie
               's
               Attorney
               for
               Ireland
               ;
               Sir
               
                 Richard
                 St.
                 George
              
               Knt.
               then
               Norrey
               ,
               Mr.
               Hackwell
               the
               Queen's
               Solicitor
               ,
               Mr.
               Camden
               then
               Clarentieux
               ,
               my self
               ,
               and
               some
               others
               .
               Of
               these
               ,
               the
               Lord
               Treasurer
               ,
               Sir
               
                 Robert
                 Cotton
              
               ,
               Mr.
               Camden
               ,
               and
               my self
               ,
               had
               been
               of
               the
               original
               Foundation
               ;
               and
               to
               my
               knowledge
               were
               all
               then
               living
               of
               that
               sort
               ,
               saving
               Sir
               
                 John
                 Doderidge
              
               Knight
               ,
               Justice
               of
               the
               King
               's
               Bench.
               
            
             
               We
               held
               it
               sufficient
               for
               that
               time
               to
               revive
               the
               meeting
               ,
               and
               only
               conceiv'd
               some
               rules
               of
               Government
               and
               limitation
               to
               be
               observ'd
               amongst
               us
               ;
               whereof
               this
               was
               one
               ,
               That
               for
               avoid
               
               offence
               ,
               we
               should
               neither
               meddle
               with
               matters
               of
               State
               nor
               of
               Religion
               .
               And
               agreeing
               of
               two
               Questions
               for
               the
               next
               meeting
               ,
               we
               chose
               Mr.
               Hackwell
               to
               be
               our
               Register
               and
               the
               Convocator
               of
               our
               Assemblies
               for
               the
               present
               ;
               and
               supping
               together
               ,
               so
               departed
               .
            
             
               One
               of
               the
               Questions
               was
               ,
               touching
               the
               
                 Original
                 of
                 the
                 Terms
              
               ;
               about
               which
               ,
               as
               being
               obscure
               and
               generally
               mistaken
               ,
               I
               bestow'd
               some
               extraordinary
               pains
               ;
               that
               coming
               short
               of
               others
               in
               understanding
               ,
               I
               might
               equal
               them
               if
               I
               could
               in
               diligence
               .
            
             
               But
               before
               our
               next
               meeting
               ,
               we
               had
               notice
               that
               his
               Majesty
               took
               a
               little
               mislike
               of
               our
               Society
               ;
               not
               being
               enform'd
               ,
               that
               we
               had
               resolv'd
               to
               decline
               all
               matters
               of
               State.
               Yet
               hereupon
               we
               forbare
               to
               meet
               again
               ,
               and
               so
               all
               our
               labours
               lost
               .
               But
               mine
               lying
               by
               me
               ,
               and
               having
               been
               often
               desir'd
               of
               me
               by
               some
               of
               my
               Friends
               ,
               I
               thought
               good
               upon
               a
               review
               and
               augmentation
               to
               let
               it
               creep
               abroad
               in
               the
               form
               you
               see
               it
               ,
               wishing
               it
               might
               be
               rectify'd
               by
               some
               better
               judgement
               .
            
          
        
         
           
             
             
               SECT
               .
               I.
               
            
             
               Of
               the
               Terms
               in
               general
               .
            
             
               AS
               our
               Law
               books
               have
               nothing
               ,
               to
               my
               knowledge
               ,
               touching
               the
               original
               of
               the
               Terms
               ,
               so
               were
               it
               much
               better
               if
               our
               Chronicles
               had
               as
               little
               :
               For
               tho'
               it
               be
               little
               they
               have
               in
               that
               kind
               ,
               yet
               is
               that
               little
               very
               untrue
               ,
               affirming
               that
               William
               the
               Conquerour
               did
               first
               institute
               them
               .
               It
               is
               not
               worth
               the
               examining
               who
               was
               Author
               of
               the
               errour
               ,
               but
               it
               seemeth
               1
               
                 Polydore
                 Virgil
              
               (
               an
               Alien
               in
               our
               Common-wealth
               ,
               and
               not
               well
               endenized
               in
               our
               Antiquities
               )
               spread
               it
               first
               in
               Print
               .
               I
               purpose
               not
               to
               take
               it
               upon
               any
               man's
               word
               :
               but
               ,
               searching
               for
               the
               fountain
               ,
               will
               ,
               if
               I
               can
               ,
               deduce
               them
               from
               thence
               ,
               beginning
               with
               their
               definition
               .
            
             
               The
               Terms
               be
               certain
               portions
               of
               the
               year
               ,
               in
               which
               only
               the
               King's
               Justices
               hold
               plea
               in
               the
               high
               Temporal
               Courts
               of
               causes
               belonging
               to
               their
               Jurisdiction
               ,
               in
               the
               places
               thereto
               assigned
               ,
               according
               to
               the
               ancient
               Rites
               and
               Customs
               of
               the
               Kingdom
               .
            
             
               The
               definition
               divides
               it self
               ,
               and
               offers
               these
               parts
               to
               be
               consider'd
               .
            
             
               
                 1.
                 
                 The
                 Names
                 they
                 bear
                 .
              
               
                 2.
                 
                 The
                 Original
                 they
                 come
                 from
                 .
              
               
                 3.
                 
                 The
                 Time
                 they
                 continue
                 .
              
               
                 4.
                 
                 The
                 Persons
                 they
                 are
                 held
                 by
                 .
              
               
                 5.
                 
                 The
                 Causes
                 they
                 deal
                 with
                 .
              
               
                 6.
                 
                 The
                 Place
                 they
                 are
                 kept
                 in
                 .
              
               
                 7.
                 
                 The
                 Rites
                 they
                 are
                 performed
                 with
                 .
              
            
             
               The
               parts
               minister
               matter
               for
               a
               Book
               at
               large
               ,
               but
               my
               purpose
               upon
               the
               occasion
               impos'd
               ,
               being
               to
               deal
               only
               with
               the
               Institution
               of
               the
               Terms
               ;
               I
               will
               travel
               no
               farther
               than
               the
               three
               first
               stages
               of
               my
               division
               ,
               (
               that
               is
               )
               touching
               their
               Name
               ,
               their
               Original
               ,
               and
               their
               Time
               of
               continuance
               .
            
          
           
             
               SECT
               .
               II.
               
            
             
               Of
               the
               Names
               of
               the
               Terms
               .
            
             
               THe
               word
               Terminus
               is
               of
               the
               Greek
               
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
              
               ,
               which
               signifieth
               the
               
                 Bound
                 ,
                 End
              
               ,
               or
               Limit
               of
               a
               thing
               ;
               here
               particularly
               of
               the
               time
               for
               Law
               matters
               .
               In
               the
               Civil
               Law
               it
               also
               signifieth
               a
               day
               set
               to
               the
               Defendant
               ,
               and
               in
               that
               sense
               doth
               2
               
                 Bracton
                 ,
                 Glanvil
              
               ,
               and
               others
               sometimes
               use
               it
               .
               
                 Mat.
                 Paris
              
               calleth
               the
               Sheriff's
               Turn
               ,
               
                 Terminum
                 Vicecomitis
              
               ,
               and
               in
               the
               addition
               to
               the
               MSS.
               Laws
               of
               King
               
                 Inas
                 ,
                 Terminus
              
               is
               applied
               to
               the
               Hundred-Court
               ;
               as
               also
               
               in
               a
               Charter
               of
               Hen.
               I.
               prescribing
               the
               time
               of
               holding
               the
               Court.
               And
               we
               ordinarily
               use
               it
               for
               any
               set
               portion
               of
               Time
               ,
               as
               of
               Life
               ,
               Years
               ,
               Lease
               ,
               &c.
               
            
             
               The
               space
               between
               the
               Terms
               ,
               is
               named
               
                 Vacation
                 ,
                 à
                 Vacando
              
               ,
               as
               being
               leasure
               from
               Law
               business
               ;
               by
               Latinists
               
                 Justitium
                 ,
                 à
                 jure
                 stando
              
               ,
               because
               the
               Law
               is
               now
               at
               a
               stop
               or
               stand
               .
            
             
               The
               Civilians
               and
               Canonists
               call
               Term-time
               ,
               
                 Dies
                 Juridicos
              
               Law-days
               ;
               the
               Vacation
               ,
               
                 Dies
                 Feriales
              
               ,
               days
               of
               leasure
               or
               intermission
               ,
               Festival-days
               ,
               as
               being
               indeed
               sequester'd
               from
               troublesome
               affairs
               of
               humane
               business
               ,
               and
               devoted
               properly
               to
               the
               service
               of
               God
               ,
               and
               his
               Church
               .
               According
               to
               this
               ,
               our
               Saxon
               and
               Norman
               Ancestors
               divided
               the
               year
               also
               between
               God
               and
               the
               King
               ,
               calling
               those
               days
               and
               parts
               that
               were
               assigned
               to
               God
               ,
               
                 Dies
                 pacis
                 Ecclesiae
              
               ,
               the
               residue
               alloted
               to
               the
               King
               ,
               Dies
               or
               
                 tempus
                 pacis
                 Regis
              
               .
            
             
               
                 Divisum
                 Imperium
                 cum
                 Jove
                 Caesar
                 habet
                 .
              
            
             
               Other
               names
               I
               find
               none
               anciently
               among
               us
               ,
               nor
               the
               word
               Terminus
               to
               be
               frequent
               till
               the
               age
               of
               Henry
               II.
               wherein
               
                 Gervasius
                 Tilburiensis
              
               ,
               and
               
                 Ranulphus
                 de
                 Glanvilla
              
               (
               if
               those
               books
               be
               theirs
               )
               do
               continually
               use
               it
               for
               
                 Dies
                 pacis
                 Regis
              
               .
            
             
               The
               ancient
               Romans
               ,
               in
               like
               manner
               ,
               divided
               their
               year
               between
               their
               Gods
               and
               their
               Common-wealth
               ;
               naming
               their
               Law-days
               or
               Term-time
               ,
               Fastos
               ,
               because
               their
               Praetor
               or
               Judge
               might
               then
               Fari
               ,
               that
               is
               speak
               freely
               ;
               their
               Vacation
               ,
               or
               days
               of
               Intermission
               (
               as
               appointed
               to
               the
               service
               of
               their
               Gods
               )
               they
               called
               Nefastos
               ,
               for
               that
               the
               Praetor
               might
               
                 ne
                 fari
              
               ,
               not
               speak
               in
               them
               judicially
               .
               
                 Ovid
                 (
                 Fastorum
                 lib.
              
               1.
               )
               thus
               expresseth
               it
               :
               
                 
                   Ille
                   Nefastus
                   erat
                   ,
                   per
                   quem
                   tria
                   verba
                   silentur
                   :
                
                 
                   Fastus
                   erat
                   per
                   quem
                   lege
                   licebat
                   agi
                   .
                
              
               
                 
                   When
                   that
                   the
                   three
                   Judicial
                   words
                
                 
                   The
                   Praetor
                   might
                   not
                   use
                   ,
                
                 
                   It
                   was
                   
                     Nefastus
                     :
                     Fastus
                  
                   then
                   ,
                
                 
                   When
                   each
                   man
                   freely
                   sues
                   .
                
              
            
             
               The
               three
               Judicial
               words
               were
               
                 Do
                 ,
                 Dico
                 ,
                 Abdico
              
               ;
               by
               the
               first
               he
               gave
               licence
               to
               cyte
               
                 partem
                 ream
              
               ,
               the
               Defendant
               ;
               by
               the
               second
               he
               pronounced
               Sentence
               ;
               and
               by
               the
               third
               he
               granted
               Execution
               .
               This
               
                 à
                 latere
              
               .
            
             
               The
               word
               Term
               hath
               also
               other
               considerations
               ;
               sometimes
               it
               is
               used
               for
               the
               whole
               space
               ,
               from
               the
               first
               Return
               to
               the
               end
               of
               the
               Term
               ,
               including
               the
               day
               of
               
                 Return
                 ,
                 Essoigne
                 ,
                 Exception
              
               ,
               &c.
               
               Sometimes
               and
               most
               commonly
               excluding
               these
               from
               the
               first
               sitting
               of
               the
               Judges
               in
               full
               Court
               ,
               (
               which
               is
               the
               first
               day
               for
               Appearance
               )
               and
               this
               is
               called
               
                 full
                 Term
              
               by
               the
               Statute
               of
               32.
               of
               Hen.
               VIII
               .
               cap.
               21.
               as
               tho'
               the
               part
               precedent
               were
               but
               
                 Semi-Term
                 ,
                 Puisne-Term
              
               ,
               or
               
                 Introitus
                 Termini
              
               .
               The
               words
               of
               the
               Statute
               are
               these
               ,
               
                 That
                 Trinity-Term
                 shall
                 begin
                 the
                 Munday
                 next
                 after
                 Trinity-Sunday
                 ,
                 for
                 keeping
                 the
                 Essoignes
                 ,
                 Profers
                 ,
                 Returns
                 ,
                 and
                 other
                 ceremonies
                 heretofore
                 used
                 ,
                 &c.
                 
                 And
                 that
                 the
                 full
                 Term
                 of
                 the
                 said
                 Trinity-Term
                 shall
                 yearly
                 for
                 over
                 begin
                 the
                 Friday
                 next
                 after
              
               Corpus
               Christi
               day
               .
               Here
               the
               particulars
               I
               speak
               of
               are
               apparently
               set
               forth
               ,
               and
               the
               Term
               declared
               to
               begin
               at
               the
               first
               Return
               .
               By
               which
               reason
               it
               falleth
               out
               that
               the
               eight
               days
               wherein
               the
               Court
               of
               the
               Exchequer
               openeth
               ,
               at
               the
               beginning
               of
               Michaelmass-Term
               ,
               Hilary-Term
               and
               Easter
               ,
               are
               to
               be
               accounted
               as
               parts
               of
               those
               Terms
               ,
               for
               that
               they
               fall
               within
               the
               first
               Return
               :
               the
               Exchequer
               having
               one
               Return
               in
               every
               of
               them
               ,
               more
               than
               the
               Courts
               of
               Common-Law
               have
               ,
               viz.
               
                 Crastino
                 Sancti
                 Michaelis
                 ,
                 Octabis
                 Hilarii
                 ,
              
               and
               Octabis
               or
               
                 Clausum
                 Paschae
              
               :
               And
               it
               seemeth
               that
               Trinity-Term
               had
               
                 Crastino
                 Trinitatis
              
               in
               the
               self
               same
               manner
               ,
               before
               this
               Statute
               alter'd
               it
               .
            
          
           
             
             
               SECT
               .
               III.
               
            
             
               Of
               the
               Original
               of
               Terms
               or
               Law-days
               .
            
             
               LAw-days
               or
               
                 Dies
                 Juridici
              
               ,
               which
               we
               call
               Terms
               ,
               are
               upon
               the
               matter
               ,
               as
               ancient
               as
               offences
               and
               controversies
               :
               God
               himself
               held
               a
               kind
               of
               Term
               in
               Paradice
               ,
               when
               judicially
               he
               tryed
               and
               condemned
               
                 Adam
                 ,
                 Eve
              
               ,
               and
               the
               Serpent
               .
               In
               all
               Nations
               ,
               as
               soon
               as
               Government
               was
               settled
               ,
               some
               time
               was
               appointed
               for
               punishing
               offences
               ,
               redressing
               of
               wrongs
               ,
               and
               determining
               of
               controversies
               ;
               and
               this
               time
               to
               every
               of
               those
               Nations
               was
               their
               Term.
               The
               Original
               therefore
               of
               the
               Terms
               or
               Law-days
               ,
               and
               the
               time
               appointed
               to
               them
               ,
               are
               like
               the
               Signs
               of
               Oblique
               Ascention
               in
               Astronomy
               ,
               that
               rise
               together
               .
               I
               shall
               not
               need
               to
               speak
               any
               more
               particularly
               of
               this
               point
               ,
               but
               shew
               it
               ,
               as
               it
               farther
               offereth
               it self
               in
               our
               passage
               ,
               when
               we
               treat
               of
               the
               time
               appointed
               to
               Term
               or
               Law-days
               ,
               which
               is
               the
               next
               and
               longest
               part
               of
               this
               our
               Discourse
               .
            
          
           
             
               SECT
               .
               IV.
               
            
             
               Of
               the
               Times
               assigned
               to
               Law-matters
               ,
               called
               the
               Terms
               .
            
             
               WE
               are
               now
               come
               to
               the
               great
               Arm
               of
               our
               Division
               ,
               which
               spreads
               it self
               into
               many
               branches
               ,
               in
               handling
               whereof
               we
               shall
               fall
               ,
               either
               necessarily
               or
               accidentally
               ,
               upon
               these
               points
               ,
               viz.
               
            
             
               1.
               
               Of
               Law-days
               among
               the
               Ancients
               ,
               
                 Jews
                 ,
                 Greeks
              
               ,
               &c.
               
            
             
               2.
               
               Of
               those
               among
               the
               Romans
               using
               choice
               days
               .
            
             
               3.
               
               Of
               those
               among
               the
               Primitive
               Christians
               using
               all
               alike
               .
            
             
               4.
               
               How
               Sunday
               came
               to
               be
               exempted
               .
            
             
               5.
               
               How
               other
               Festivals
               ,
               and
               other
               Vacation
               days
               .
            
             
               6.
               
               That
               our
               Terms
               took
               their
               Original
               from
               the
               Canon-Law
               .
            
             
               7.
               
               The
               Constitutions
               of
               our
               Saxon
               Kings
               ;
               
                 Edward
                 the
                 Elder
                 ,
                 Guthrun
                 the
                 Dane
                 ,
              
               and
               the
               Synod
               of
               Eanham
               under
               Ethelred
               ,
               touching
               this
               matter
               .
            
             
               8.
               
               The
               Constitutions
               of
               Canutus
               more
               particular
               .
            
             
               9.
               
               The
               Constitutions
               of
               Edward
               the
               Confessour
               more
               material
               .
            
             
               10.
               
               The
               Constitution
               of
               William
               the
               Conquerour
               :
               and
               of
               Law-days
               in
               Normandy
               .
            
             
               11.
               
               What
               done
               by
               
                 William
                 Rufus
                 ,
                 Henry
              
               I.
               Stephen
               ,
               and
               Henry
               II.
               
            
             
               12.
               
               Of
               Hiliary-Term
               according
               to
               those
               ancient
               Laws
               .
            
             
               13.
               
               Of
               Easter-Term
               in
               like
               manner
               .
            
             
               14.
               
               Of
               Trinity-Term
               and
               the
               long
               Vacation
               following
               ;
               how
               it
               differeth
               from
               the
               other
               Vacations
               .
            
             
               15.
               
               Of
               Michaelmass-Term
               .
            
             
               16.
               
               Of
               the
               later
               Constitutions
               of
               the
               Terms
               by
               the
               Statutes
               of
               the
               51.
               of
               Hen.
               III.
               and
               36.
               of
               Edw.
               III.
               
            
             
               17.
               
               How
               Trinity-Term
               was
               alter'd
               by
               the
               32.
               of
               Hen.
               VIII
               .
            
             
               
               
                 CHAP.
                 I.
                 
              
               
                 Of
                 Law-days
                 among
                 the
                 Ancients
                 .
              
               
                 THe
                 time
                 allotted
                 to
                 Law-business
                 seemeth
                 to
                 have
                 been
                 that
                 from
                 the
                 beginning
                 amongst
                 all
                 ,
                 or
                 most
                 Nations
                 ,
                 which
                 was
                 not
                 particularly
                 dedicated
                 (
                 as
                 we
                 said
                 before
                 )
                 to
                 the
                 service
                 of
                 God
                 or
                 some
                 rites
                 of
                 Religion
                 
                 (
                 for
                 none
                 that
                 I
                 read
                 of
                 ,
                 ordain'd
                 them
                 to
                 be
                 us'd
                 confusedly
                 .
                 )
                 Therefore
                 whilst
                 Moses
                 was
                 yet
                 under
                 the
                 Law
                 of
                 Nature
                 ,
                 and
                 before
                 the
                 positive
                 Law
                 was
                 given
                 ,
                 he
                 sacrificed
                 and
                 kept
                 the
                 holy
                 Festival
                 with
                 Jethro
                 his
                 father-in-law
                 on
                 the
                 one
                 day
                 ,
                 but
                 judged
                 not
                 the
                 people
                 till
                 the
                 day
                 after
                 .
                 Some
                 particular
                 instance
                 (
                 I
                 know
                 )
                 may
                 be
                 given
                 to
                 the
                 contrary
                 ,
                 as
                 I
                 after
                 shall
                 mention
                 ,
                 but
                 this
                 seemeth
                 then
                 the
                 general
                 use
                 .
              
               
                 
                 The
                 Greeks
                 ,
                 who
                 (
                 as
                 Josephus
                 in
                 his
                 book
                 against
                 Appion
                 witnesseth
                 )
                 had
                 much
                 of
                 their
                 ancient
                 Rites
                 from
                 the
                 Hebrews
                 ,
                 held
                 two
                 of
                 their
                 1
                 Prytanean-days
                 in
                 every
                 Month
                 for
                 civil
                 matters
                 ,
                 and
                 the
                 third
                 onely
                 for
                 their
                 Sacra
                 .
              
               
                 
                   Aeschines
                   ▪
                
                 in
                 his
                 Oration
                 against
                 C●esiphon
                 ,
                 chargeth
                 Demosthenes
                 with
                 writing
                 a
                 Decree
                 in
                 the
                 Senate
                 ,
                 that
                 the
                 2
                 
                   Prytanean
                   Magistrates
                
                 might
                 hold
                 an
                 Assembly
                 upon
                 the
                 eighth
                 day
                 of
                 the
                 approaching
                 Month
                 of
                 3
                 Elaphebolion
                 ,
                 when
                 the
                 holy
                 Rites
                 of
                 Aesculapius
                 were
                 to
                 be
                 solemnized
                 .
              
               
                 
                 The
                 Romans
                 likewise
                 (
                 whether
                 by
                 instinct
                 of
                 nature
                 or
                 precedent
                 )
                 meddled
                 not
                 with
                 Law
                 Causes
                 during
                 the
                 times
                 appointed
                 to
                 the
                 worship
                 of
                 their
                 Gods
                 ,
                 as
                 appeareth
                 by
                 their
                 Primitive
                 Law
                 of
                 the
                 twelve
                 Tables
                 ,
                 
                   Feriis
                   jurgia
                   amovento
                
                 ,
                 and
                 by
                 the
                 places
                 before
                 cited
                 ,
                 as
                 also
                 this
                 of
                 the
                 same
                 Author
                 ,
                 
                   
                     Post
                     semel
                     exta
                     Deo
                     data
                     sunt
                     ,
                     licet
                     omnia
                     fari
                     ,
                  
                   
                     Verbaque
                     honoratus
                     libera
                     Praetor
                     habet
                     .
                  
                
                 
                   
                     When
                     Sacrifices
                     and
                     holy
                     Rites
                     were
                     done
                     ,
                  
                   
                     The
                     Reverend
                     Praetor
                     then
                     his
                     Courts
                     begun
                     .
                  
                
              
               
                 And
                 Martial
                 to
                 the
                 same
                 purpose
                 ,
                 
                   
                     Sacra
                     damus
                     ●estis
                     ●ora
                     judicialia
                     ponunt
                     .
                  
                
              
               
                 To
                 be
                 short
                 ,
                 it
                 was
                 so
                 common
                 a
                 thing
                 in
                 those
                 days
                 of
                 old
                 ,
                 to
                 exempt
                 the
                 times
                 of
                 exercise
                 of
                 Religion
                 from
                 all
                 worldly
                 business
                 ;
                 that
                 the
                 Barbarous
                 Nations
                 ,
                 even
                 our
                 Angli
                 ,
                 whilst
                 they
                 were
                 yet
                 in
                 Germany
                 ,
                 the
                 Suevians
                 themselves
                 ,
                 and
                 others
                 of
                 those
                 Northern
                 parts
                 would
                 in
                 no
                 wise
                 violate
                 or
                 interrupt
                 it
                 .
                 Tacitus
                 says
                 of
                 them
                 ,
                 that
                 during
                 this
                 time
                 of
                 holy
                 Rites
                 ,
                 
                   Non
                   bellum
                   ineunt
                   ,
                   non
                   arma
                   sumunt
                   ,
                   clausum
                   omne
                   ferrum
                   ;
                   pax
                   &
                   quies
                   tun●
                   tantum
                   nota
                   ,
                   tun●
                   tantum
                   amata
                   .
                
                 Of
                 our
                 German
                 Ancestors
                 we
                 shall
                 speak
                 more
                 anon
                 ;
                 our
                 old
                 British
                 are
                 little
                 to
                 the
                 purpose
                 :
                 they
                 judged
                 all
                 Controversies
                 by
                 their
                 Priests
                 the
                 Druides
                 ,
                 and
                 to
                 that
                 end
                 met
                 but
                 once
                 a
                 year
                 ,
                 as
                 4
                 Caesar
                 sheweth
                 us
                 by
                 those
                 of
                 the
                 Gauls
                 .
              
               
                 5
                 The
                 later
                 Britains
                 (
                 whom
                 we
                 now
                 call
                 the
                 Wesh
                 )
                 in
                 the
                 Saxons
                 time
                 about
                 the
                 year
                 900.
                 had
                 two
                 Terms
                 only
                 for
                 causes
                 of
                 Inheritance
                 ;
                 the
                 one
                 beginning
                 at
                 the
                 ninth
                 of
                 November
                 till
                 the
                 ninth
                 of
                 February
                 ;
                 the
                 other
                 from
                 the
                 ninth
                 of
                 May
                 till
                 the
                 ninth
                 of
                 August
                 .
                 The
                 rest
                 of
                 the
                 year
                 was
                 counted
                 time
                 of
                 Vacation
                 ,
                 for
                 sowing
                 in
                 the
                 Spring
                 and
                 Reaping
                 in
                 the
                 Harvest
                 .
              
            
             
               
               
                 CHAP.
                 II.
                 
              
               
                 Of
                 Law-days
                 amongst
                 the
                 Romans
                 using
                 choice
                 days
                 .
              
               
                 I
                 Will
                 therefore
                 seek
                 the
                 Original
                 of
                 our
                 Terms
                 only
                 from
                 the
                 Romans
                 ,
                 as
                 all
                 other
                 Nations
                 that
                 have
                 been
                 subject
                 to
                 their
                 Civil
                 and
                 Ecclesiastical
                 Monarchy
                 do
                 ,
                 and
                 must
                 .
              
               
                 The
                 ancient
                 Romans
                 ,
                 whilst
                 they
                 were
                 yet
                 Heathens
                 ,
                 did
                 not
                 ,
                 as
                 we
                 at
                 this
                 day
                 ,
                 use
                 certain
                 continued
                 portions
                 of
                 the
                 year
                 for
                 a
                 legal
                 decision
                 of
                 Controversies
                 ,
                 but
                 out
                 of
                 a
                 superstitious
                 conceit
                 that
                 some
                 days
                 were
                 ominous
                 ,
                 and
                 more
                 unlucky
                 than
                 others
                 (
                 according
                 to
                 that
                 of
                 the
                 
                   Aegyptians
                   ,
                
                 )
                 they
                 made
                 one
                 day
                 to
                 be
                 Fastus
                 or
                 Term-day
                 ,
                 and
                 another
                 (
                 as
                 an
                 Aegyptian
                 day
                 )
                 to
                 be
                 Vacation
                 or
                 Nefastus
                 :
                 Seldom
                 two
                 Fasti
                 ,
                 or
                 Law-days
                 together
                 ,
                 yea
                 ,
                 they
                 sometimes
                 divided
                 one
                 and
                 the
                 same
                 day
                 in
                 this
                 manner
                 ,
                 
                   
                     Qui
                     modo
                     Fastus
                     erat
                     ,
                     mane
                     Nefastus
                     erat
                     ,
                  
                
                 
                   
                     The
                     afternoon
                     was
                     Term
                     ,
                     the
                     morning
                     Holy-day
                     .
                  
                
                 Nor
                 were
                 all
                 their
                 Fasti
                 applyed
                 to
                 Judicature
                 ,
                 but
                 some
                 of
                 them
                 to
                 other
                 meetings
                 and
                 consultations
                 of
                 the
                 Common-wealth
                 ;
                 so
                 that
                 being
                 divided
                 into
                 three
                 sorts
                 ,
                 which
                 they
                 called
                 
                   Fastos
                   proprie
                   ,
                   Fastos
                   Endotercisos
                   ,
                   &
                   Fastos
                   Comitiales
                   ,
                
                 containing
                 together
                 184.
                 days
                 ,
                 through
                 all
                 the
                 Months
                 of
                 the
                 year
                 ,
                 there
                 remained
                 not
                 properly
                 to
                 the
                 Praetor
                 ,
                 as
                 Judicial
                 or
                 
                   Triverbial
                   Days
                
                 ,
                 above
                 28.
                 
                 Whereas
                 ,
                 we
                 have
                 in
                 our
                 Terms
                 above
                 96.
                 days
                 in
                 Court
                 ,
                 besides
                 the
                 Sundays
                 and
                 exempted
                 Festivals
                 falling
                 in
                 the
                 Terms
                 ;
                 which
                 are
                 twenty
                 or
                 there
                 about
                 .
                 Yet
                 Sir
                 *
                 
                   Thomas
                   Smith
                
                 counts
                 it
                 marvellous
                 ,
                 that
                 three
                 Tribunals
                 in
                 one
                 City
                 in
                 less
                 than
                 the
                 third
                 part
                 of
                 the
                 year
                 ,
                 should
                 rectifie
                 the
                 wrongs
                 of
                 so
                 large
                 and
                 populous
                 a
                 Nation
                 as
                 this
                 of
                 England
                 .
                 But
                 let
                 us
                 return
                 where
                 we
                 left
                 off
                 .
              
            
             
               
                 CHAP.
                 III.
                 
              
               
                 Of
                 Law-days
                 among
                 the
                 first
                 Christians
                 ,
                 using
                 all
                 times
                 alike
                 .
              
               
                 TO
                 beat
                 down
                 the
                 Roman
                 superstition
                 touching
                 observation
                 of
                 days
                 ,
                 against
                 which
                 St.
                 Augustine
                 and
                 others
                 wrote
                 vehemently
                 ;
                 the
                 Christians
                 at
                 first
                 used
                 all
                 days
                 alike
                 for
                 hearing
                 of
                 Causes
                 ,
                 not
                 sparing
                 (
                 as
                 it
                 seemeth
                 )
                 the
                 Sunday
                 it self
                 ,
                 thereby
                 falling
                 into
                 another
                 extremity
                 .
                 Yet
                 had
                 they
                 some
                 precedent
                 for
                 it
                 from
                 Moses
                 and
                 the
                 Jews
                 .
                 For
                 
                   Philo
                   Judaeus
                
                 
                 in
                 the
                 life
                 of
                 Moses
                 reporteth
                 ,
                 that
                 the
                 cause
                 of
                 him
                 that
                 gather'd
                 sticks
                 on
                 the
                 Sabbath-day
                 ,
                 was
                 by
                 a
                 solemn
                 Council
                 of
                 the
                 Princes
                 ,
                 Priests
                 ,
                 and
                 the
                 whole
                 Multitude
                 ,
                 examined
                 and
                 consulted
                 of
                 on
                 the
                 Sabbath-day
                 .
                 And
                 the
                 Talmudists
                 ,
                 who
                 were
                 best
                 acquainted
                 with
                 the
                 Jewish
                 Customs
                 ,
                 as
                 also
                 Galatinus
                 the
                 Hebrew
                 do
                 report
                 ,
                 that
                 their
                 Judges
                 in
                 the
                 Council
                 called
                 Sanhedrim
                 ,
                 sate
                 on
                 the
                 week-day
                 from
                 morning
                 to
                 night
                 ,
                 in
                 the
                 Gates
                 of
                 the
                 City
                 ;
                 and
                 on
                 the
                 Sabbath-day
                 and
                 solemn
                 Festivals
                 ,
                 in
                 the
                 walls
                 .
                 So
                 the
                 whole
                 year
                 then
                 seemed
                 a
                 continual
                 Term
                 ,
                 no
                 day
                 exempt
                 .
                 And
                 they
                 that
                 seek
                 the
                 Original
                 of
                 our
                 modern
                 Laws
                 among
                 them
                 ,
                 do
                 but
                 spend
                 their
                 time
                 in
                 vain
                 ;
                 unless
                 for
                 some
                 things
                 impos'd
                 on
                 them
                 by
                 the
                 Roman
                 Emperours
                 ,
                 when
                 they
                 became
                 Subjects
                 .
                 How
                 this
                 stood
                 with
                 the
                 Levitical
                 Law
                 ,
                 or
                 rather
                 the
                 Moral
                 ,
                 I
                 leave
                 to
                 others
                 .
              
            
             
               
               
                 CHAP.
                 IV.
                 
              
               
                 How
                 Sunday
                 came
                 to
                 be
                 exempted
                 .
              
               
                 BUt
                 for
                 reformation
                 of
                 the
                 abuse
                 among
                 Christians
                 ,
                 in
                 perverting
                 the
                 Lord's
                 day
                 to
                 the
                 hearing
                 of
                 clamorous
                 Litigants
                 ,
                 it
                 was
                 ordained
                 in
                 the
                 year
                 of
                 our
                 Redemption
                 517.
                 by
                 the
                 Fathers
                 assembled
                 in
                 
                   Concilio
                   Taraconensi
                   ,
                   cap.
                
                 4.
                 after
                 that
                 ,
                 in
                 
                   Concilio
                   Spalensi
                   ,
                   cap.
                
                 2.
                 and
                 by
                 Adrian
                 Bishop
                 of
                 Rome
                 in
                 the
                 
                   Decretal
                   Caus
                
                 .
                 15.
                 quaest
                 .
                 4.
                 
                 That
                 ,
                 1
                 
                   Nullus
                   Episcopus
                   vel
                   infra
                   positus
                   Die
                   Dominico
                   causas
                   judicare
                
                 [
                 al.
                 ventilare
                 ]
                 praesumat
                 .
                 No
                 Bishop
                 or
                 inferiour
                 person
                 presume
                 to
                 judge
                 or
                 try
                 causes
                 on
                 the
                 Lord's
                 day
                 .
                 For
                 it
                 appeareth
                 by
                 Epiphanius
                 ,
                 that
                 in
                 his
                 time
                 (
                 as
                 also
                 many
                 hundred
                 years
                 after
                 )
                 Bishops
                 and
                 Clergy-men
                 did
                 hear
                 and
                 determine
                 causes
                 ,
                 lest
                 Christians
                 ,
                 against
                 the
                 rule
                 of
                 the
                 Apostle
                 ,
                 should
                 go
                 to
                 Law
                 under
                 Heathens
                 and
                 Infidels
                 .
                 And
                 it
                 is
                 said
                 in
                 the
                 1
                 st
                 .
                 Epistle
                 of
                 Clement
                 (
                 if
                 it
                 were
                 truly
                 his
                 )
                 that
                 S.
                 Peter
                 himself
                 did
                 so
                 appoint
                 it
                 .
                 
                   Concil
                   .
                   Tom.
                
                 1.
                 p.
                 33.
                 
              
               
                 This
                 Canon
                 of
                 the
                 Church
                 for
                 exempting
                 Sunday
                 ,
                 was
                 by
                 Theodosius
                 fortified
                 with
                 an
                 Imperial
                 Constitution
                 ,
                 whilst
                 we
                 Britains
                 were
                 yet
                 under
                 the
                 Roman
                 Government
                 ,
                 2
                 
                   Solis
                   die
                   ,
                   quem
                   dominicum
                   recte
                   dixere
                   majores
                   ,
                   omnium
                   omnino
                   litium
                   &
                   negotiorum
                   quiescat
                   intentio
                   .
                
                 Thus
                 was
                 Sunday
                 redeemed
                 from
                 being
                 a
                 part
                 of
                 the
                 Term
                 ;
                 but
                 all
                 other
                 days
                 by
                 express
                 words
                 of
                 the
                 Canon
                 were
                 left
                 to
                 be
                 
                   Dies
                   Juridici
                
                 ,
                 whether
                 they
                 were
                 mean
                 or
                 great
                 Festivals
                 .
                 For
                 it
                 thus
                 followeth
                 in
                 the
                 same
                 place
                 of
                 the
                 3
                 
                   Decretals
                   ;
                   Caeteris
                   vero
                   diebus
                   ,
                   convenientibus
                   personis
                   ,
                   illa
                   quae
                   justa
                   sunt
                   ,
                   habent
                   licentiam
                   judicandi
                   ,
                   excepto
                   criminali
                   ,
                
                 (
                 or
                 as
                 another
                 Edition
                 reads
                 it
                 )
                 
                   exceptis
                   criminalibus
                   negotiis
                
                 .
                 The
                 whole
                 Canon
                 is
                 verbatim
                 also
                 decreed
                 in
                 the
                 Capitulars
                 of
                 the
                 Emperours
                 4
                 
                   Carolus
                   &
                   Ludovicus
                
                 .
              
            
             
               
                 CHAP.
                 V.
                 
              
               
                 How
                 other
                 Festival
                 and
                 Vacation
                 days
                 were
                 exempted
                 .
              
               
                 NOw
                 let
                 us
                 see
                 how
                 other
                 Festivals
                 and
                 parts
                 of
                 the
                 year
                 were
                 taken
                 from
                 the
                 Courts
                 of
                 Justice
                 .
                 The
                 first
                 Canon
                 of
                 note
                 that
                 I
                 meet
                 with
                 to
                 this
                 purpose
                 ,
                 is
                 that
                 in
                 
                   Concilio
                   Triburiensi
                   ca.
                
                 26.
                 in
                 or
                 about
                 the
                 year
                 895.
                 
                 
                   Nullus
                   Comes
                   ,
                   nullusque
                   omnino
                   secularis
                   diebus
                   Dominicis
                   vel
                   Sanctorum
                   in
                   Festis
                   seu
                   Quadragesimae
                   ,
                   aut
                   jejuniorum
                   ,
                   placitum
                   habere
                   ,
                   sed
                   nec
                   populum
                   illo
                   praesumat
                   cohercere
                   .
                
              
               
                 After
                 this
                 ,
                 the
                 Council
                 of
                 5
                 
                   Meldis
                   Cap.
                
                 77.
                 took
                 Easter-week
                 ,
                 commonly
                 called
                 the
                 Octaves
                 ,
                 from
                 Law
                 business
                 ;
                 
                   Pascae
                   hebdomade
                   feriandum
                   ,
                   forensia
                   negotia
                   prohibentur
                   .
                
                 By
                 this
                 example
                 came
                 the
                 Octaves
                 of
                 Pentecost
                 ,
                 St.
                 Michael
                 ,
                 the
                 Epiphany
                 ,
                 &c.
                 to
                 be
                 exempted
                 ,
                 and
                 principal
                 Feasts
                 to
                 be
                 honoured
                 with
                 Octaves
                 .
              
               
                 
                   The
                   next
                   memorable
                   Council
                   to
                   that
                   of
                
                 Tribury
                 
                   was
                   the
                   Council
                   of
                
                 Erpford
                 in
                 Germany
                 
                   in
                   the
                   year
                   932.
                   which
                   tho'
                   it
                   were
                   then
                   but
                
                 Provincial
                 ,
                 
                   yet
                   being
                   after
                   taken
                   by
                
                 Gratian
                 
                   into
                   the
                   body
                   of
                   the
                   Canon
                   Law
                   ,
                   it
                   became
                
                 
                 General
                 ,
                 
                   and
                   was
                   imposed
                   upon
                   the
                
                 whole
                 
                   Church
                   .
                   I
                   will
                   recite
                   it
                   at
                   large
                   ,
                   as
                   it
                   standeth
                   in
                
                 1
                 Binius
                 ,
                 
                   for
                   I
                   take
                   it
                   to
                   be
                   one
                   of
                   the
                   foundation-stones
                   to
                   our
                   Terms
                   .
                
                 Placita
                 secularia
                 Dominicis
                 vel
                 aliis
                 Festis
                 diebus
                 ,
                 seu
                 etiam
                 in
                 quibus
                 legitima
                 Jejunia
                 celebrantur
                 secundum
                 Canonicam
                 institutionem
                 ,
                 minime
                 fieri
                 volumus
                 .
                 Insuper
                 quoque
                 Gloriosissimus
                 Rex
                 
                   [
                   Francorum
                   Henricus
                
                 ]
                 ad
                 augmentum
                 Christianae
                 Religionis
                 ,
                 
                   (
                   or
                   as
                
                 2
                 Gratian
                 
                   hath
                   it
                   )
                   [
                   Sancta
                   Synodus
                   ]
                
                 decrevit
                 ut
                 nulla
                 judiciaria
                 potestas
                 licentiam
                 habeat
                 Christianos
                 sua
                 authoritate
                 ad
                 placitum
                 bannire
                 septem
                 diebus
                 ante
                 Natalem
                 Domini
                 ,
                 &
                 à
                 3
                 Quinquagesima
                 usque
                 ad
                 Octavas
                 Paschae
                 ,
                 &
                 septem
                 diebus
                 ante
                 Nativitatem
                 Sancti
                 
                   Johannis
                   Baptistae
                
                 ,
                 quatenus
                 adeundi
                 Ecclesiam
                 orationibusque
                 vacandi
                 liberius
                 habeatur
                 facultas
                 .
                 
                   But
                   the
                   Council
                   of
                   St.
                
                 Medard
                 
                   extant
                   first
                   in
                
                 4
                 Burchard
                 ,
                 
                   and
                   then
                   in
                
                 5
                 Gratian
                 
                   enlargeth
                   these
                   Vacations
                   in
                   this
                   Manner
                   ,
                
                 Decrevit
                 Sancta
                 Synodus
                 ,
                 ut
                 a
                 Quadragesima
                 usque
                 ad
                 Octavam
                 Paschae
                 ,
                 &
                 ab
                 Adventu
                 Domini
                 usque
                 ad
                 Octavam
                 Epiphaniae
                 ,
                 nec-non
                 in
                 Jejuniis
                 quatuor
                 temporum
                 ,
                 &
                 in
                 Litaniis
                 Majoribus
                 ,
                 &
                 in
                 diebus
                 Dominicis
                 ,
                 &
                 in
                 diebus
                 Rogationum
                 (
                 nisi
                 de
                 concordia
                 &
                 pacificatione
                 )
                 nullus
                 supra
                 sacra
                 Evangelia
                 jurare
                 praesumat
                 .
                 
                   The
                   word
                
                 [
                 jurare
                 ]
                 
                   here
                   implyeth
                   that
                   they
                   should
                   not
                   try
                
                 Law-causes
                 ,
                 
                   or
                   hold
                   plea
                   on
                   these
                   days
                   ,
                   as
                   by
                   the
                   same
                   phrase
                   in
                
                 other
                 
                   Laws
                   shall
                   by
                   and
                   by
                   appear
                   :
                   which
                   the
                
                 Gloss
                 
                   also
                   upon
                   this
                   Canon
                   maketh
                   manifest
                   ,
                   saying
                   ,
                
                 In
                 his
                 etiam
                 diebus
                 causae
                 exerceri
                 non
                 debent
                 ,
                 
                   citing
                   the
                   other
                
                 6
                 
                   Canon
                   here
                   next
                   before
                   recited
                   ;
                   but
                   adding
                   withal
                   ,
                   that
                   the
                   Court
                   and
                   Custume
                   of
                
                 Rome
                 
                   it self
                   doth
                   not
                   keep
                   Vacation
                   from
                
                 Septuagesima
                 ,
                 
                   nor
                   ,
                   as
                   it
                   seemeth
                   ,
                   in
                   some
                   other
                   of
                   the
                   days
                   .
                   And
                   this
                   precedent
                   we
                   follow
                   ,
                   when
                
                 Septuagesima
                 and
                 Sexagesima
                 
                   fall
                   in
                   the
                   compass
                   of
                
                 Hilary-Term
                 .
              
            
             
               
                 CHAP.
                 VI.
                 
              
               
                 That
                 our
                 Terms
                 took
                 their
                 Original
                 from
                 the
                 Canon-Law
                 .
              
               
                 THus
                 we
                 leave
                 the
                 
                   Canon
                   Law
                
                 ,
                 and
                 come
                 home
                 to
                 our
                 own
                 Country
                 ,
                 which
                 out
                 of
                 these
                 ,
                 and
                 such
                 other
                 forreign
                 Constitutions
                 (
                 for
                 many
                 more
                 there
                 are
                 )
                 have
                 framed
                 our
                 Terms
                 ,
                 not
                 by
                 choosing
                 any
                 set
                 portion
                 of
                 the
                 year
                 for
                 them
                 (
                 as
                 
                   Polydore
                   Virgil
                
                 ,
                 and
                 our
                 Chroniclers
                 ignorantly
                 suggest
                 )
                 but
                 by
                 taking
                 up
                 such
                 times
                 for
                 that
                 purpose
                 ,
                 as
                 the
                 Church
                 and
                 common
                 Necessity
                 (
                 for
                 collecting
                 the
                 fruits
                 of
                 the
                 Earth
                 )
                 left
                 undisposed
                 of
                 ,
                 as
                 in
                 that
                 which
                 followeth
                 plainly
                 shall
                 appear
                 .
              
            
             
               
                 CHAP.
                 VII
                 .
              
               
                 The
                 Constitution
                 of
                 our
                 Saxon
                 Kings
                 in
                 this
                 matter
                 .
              
               
                 INas
                 one
                 of
                 our
                 ancient
                 Saxon
                 Kings
                 ,
                 made
                 a
                 very
                 strict
                 Law
                 against
                 working
                 on
                 Sunday
                 7
                 .
              
               
                 
                 And
                 8
                 Alured
                 instituted
                 many
                 Festivals
                 ;
                 but
                 the
                 first
                 that
                 prohibited
                 Juridical
                 proceedings
                 upon
                 such
                 days
                 ,
                 was
                 Edward
                 the
                 Elder
                 and
                 Guthrun
                 the
                 
                 Dane
                 ,
                 who
                 in
                 the
                 League
                 between
                 them
                 ,
                 made
                 about
                 ten
                 years
                 before
                 the
                 Council
                 of
                 Erpford
                 ,
                 (
                 that
                 it
                 may
                 appear
                 we
                 took
                 not
                 all
                 our
                 light
                 from
                 thence
                 )
                 did
                 thus
                 ordain
                 ;
                 
                   
                     Ordel
                     &
                     aþas
                     syndon
                     tocƿedon
                     freols
                     dagum
                     .
                     &
                     rihtfaesten
                     dagum
                     ;
                     &c.
                     
                  
                
                 
                   
                     We
                     forbid
                     that
                     Ordel
                     and
                     Oaths
                     
                       (
                       So
                       they
                       called
                       Law-tryals
                       at
                       that
                       time
                       )
                    
                     be
                     used
                     upon
                     Festival
                     and
                     lawful
                     Fasting
                     days
                     ,
                     &c.
                     
                  
                
              
               
                 How
                 far
                 this
                 Law
                 extended
                 ,
                 appeareth
                 not
                 particularly
                 ;
                 no
                 doubt
                 to
                 all
                 Festival
                 and
                 Fasting-days
                 then
                 imposed
                 by
                 the
                 
                   Roman
                   Church
                
                 ,
                 and
                 such
                 other
                 Provincial
                 ,
                 as
                 by
                 our
                 Kings
                 and
                 Clergy
                 were
                 here
                 instituted
                 .
                 Those
                 which
                 by
                 Alured
                 were
                 appointed
                 to
                 be
                 Festivals
                 ,
                 are
                 now
                 by
                 this
                 Law
                 made
                 also
                 days
                 of
                 Vacation
                 from
                 Judicial
                 Tryals
                 ;
                 yet
                 seem
                 they
                 ,
                 for
                 the
                 most
                 part
                 ,
                 to
                 be
                 but
                 Semi-Festivals
                 ,
                 as
                 appointed
                 only
                 to
                 free-men
                 not
                 to
                 bond-men
                 ;
                 for
                 so
                 his
                 1
                 Law
                 declareth
                 ,
                 viz.
                 
                   The
                   twelve
                   days
                   of
                   Christmass
                   ,
                   the
                   day
                   wherein
                   Christ
                   overcame
                   the
                   Devil
                   ,
                   the
                   Anniversary
                   of
                   St.
                
                 Gregory
                 ,
                 
                   the
                   seven
                   days
                   afore
                
                 Easter
                 ,
                 
                   and
                   the
                   seven
                   days
                   after
                   ,
                   the
                   day
                   of
                   St.
                
                 Peter
                 
                   and
                   St.
                
                 Paul
                 ,
                 
                   and
                   the
                   whole
                   week
                   before
                   St.
                
                 Mary
                 in
                 Harvest
                 ,
                 
                   and
                   the
                   Feast-day
                   of
                   All-Saints
                   .
                   But
                   the
                   four
                   Wednesdays
                   in
                   the
                   four
                   Ember
                   weeks
                   are
                   remitted
                   to
                   Bond-men
                   to
                   bestow
                   their
                   work
                   in
                   them
                   as
                   they
                   thought
                   good
                   .
                
              
               
                 
                 To
                 come
                 to
                 that
                 which
                 is
                 more
                 perspicuous
                 ;
                 I
                 find
                 about
                 2
                 sixty
                 years
                 after
                 ,
                 a
                 Canon
                 in
                 our
                 3
                 
                   Synod
                   of
                   Eanham
                
                 ,
                 under
                 King
                 Ethelred
                 in
                 these
                 words
                 .
                 First
                 ,
                 touching
                 Sunday
                 ,
                 4
                 
                   Dominicae
                   solempnia
                   diei
                   cum
                   summo
                   honore
                   magnopere
                   celebranda
                   sunt
                   ,
                   nec
                   quicquam
                   in
                   eadem
                   operis
                   agatur
                   servilis
                   .
                   Negotia
                   quoque
                   secularia
                   quaestionesque
                   publicae
                   in
                   eadem
                   deponantur
                   die
                   .
                
                 Then
                 commanding
                 the
                 Feast-days
                 of
                 the
                 B.
                 Virgin
                 ,
                 and
                 of
                 all
                 the
                 Apostles
                 ,
                 the
                 5
                 Fast
                 of
                 the
                 Ember
                 days
                 ,
                 and
                 of
                 the
                 6
                 Friday
                 in
                 every
                 week
                 to
                 be
                 duely
                 kept
                 ;
                 it
                 proceedeth
                 thus
                 ,
                 7
                 
                   Judicium
                   quippe
                   quod
                   Anglicè
                
                 Ordeal
                 
                   dicitur
                   ,
                   &
                   juramenta
                   vulgaria
                   ,
                   festivis
                   temporibus
                   &
                   legitimis
                   jejuniis
                   ;
                   sed
                   &
                   ab
                   Adventu
                   Domini
                   usque
                   post
                   Octabas
                   Epiphaniae
                   ,
                   &
                   à
                   Septuagesima
                   usque
                
                 15.
                 
                   dies
                   post
                   Pascha
                   minime
                   exerceantur
                   :
                   sed
                   sit
                   his
                   temporibus
                   summa
                   pax
                   &
                   concordia
                   inter
                   Christianos
                   ,
                   sicut
                   fieri
                   oportet
                   .
                
                 It
                 is
                 like
                 there
                 were
                 some
                 former
                 Constitutions
                 of
                 our
                 Church
                 to
                 this
                 purpose
                 ;
                 but
                 either
                 mine
                 eye
                 hath
                 not
                 light
                 upon
                 them
                 ,
                 or
                 my
                 memory
                 hath
                 deceived
                 me
                 of
                 them
                 .
              
            
             
               
                 CHAP.
                 VIII
                 .
              
               
                 The
                 Constitution
                 of
                 Canutus
                 ,
                 more
                 particular
                 .
              
               
                 CAnutus
                 succeeding
                 shortly
                 by
                 his
                 Danish
                 sword
                 in
                 our
                 English
                 Kingdom
                 ,
                 not
                 only
                 retained
                 but
                 revived
                 this
                 former
                 Constitution
                 ,
                 adding
                 ,
                 after
                 the
                 manner
                 of
                 his
                 zeal
                 ,
                 two
                 new
                 Festival
                 and
                 Vacation
                 days
                 .
              
               
                 
                 And
                 ƿe
                 forheodað
                 ordal
                 &
                 aðas
                 freols
                 dagum
                 .
                 &
                 ymbren
                 dagum
                 .
                 &
                 rite
                 faesten
                 dagum
                 ;
                 &
                 fram
                 Adventum
                 domini
                 oþ
                 se
                 eahtoþa
                 dag
                 agan
                 sy
                 ofer
                 tƿelfta
                 daeg
                 ▪
                 &c.
                 
              
               
                 We
                 forbid
                 Ordal
                 and
                 Oaths
                 on
                 Feast-days
                 and
                 Ember-days
                 ,
                 and
                 in
                 Lent
                 ,
                 and
                 set
                 fasting
                 days
                 ,
                 and
                 from
                 the
                 Advent
                 of
                 our
                 Lord
                 till
                 the
                 eighth
                 day
                 after
                 the
                 twelfth
                 be
                 past
                 .
                 And
                 from
                 Septuagesima
                 till
                 fifteen
                 nights
                 after
                 Easter
                 .
                 And
                 the
                 Sages
                 
                 have
                 ordained
                 that
                 St.
                 Edward's
                 day
                 shall
                 be
                 Festival
                 over
                 all
                 England
                 on
                 the
                 fifteenth
                 of
                 the
                 Kalends
                 of
                 April
                 ,
                 and
                 St.
                 Dunstan's
                 on
                 the
                 fourteenth
                 of
                 the
                 Kalends
                 of
                 June
                 ,
                 and
                 that
                 all
                 Christians
                 (
                 as
                 right
                 it
                 is
                 )
                 should
                 keep
                 them
                 hallowed
                 and
                 in
                 peace
                 .
              
               
                 Canutus
                 ,
                 following
                 the
                 Synod
                 of
                 Eanham
                 ,
                 setteth
                 down
                 in
                 the
                 Paragraph
                 next
                 before
                 this
                 recited
                 ,
                 which
                 shall
                 be
                 Festival
                 and
                 which
                 Fasting-days
                 ,
                 appointing
                 both
                 to
                 be
                 days
                 of
                 Vacation
                 .
                 Among
                 the
                 Fasting-days
                 he
                 nameth
                 the
                 Saints
                 Eves
                 and
                 the
                 Fridays
                 ;
                 but
                 excepteth
                 the
                 Fridays
                 when
                 they
                 happen
                 to
                 be
                 Festival-days
                 ,
                 and
                 those
                 which
                 come
                 between
                 Easter
                 and
                 Pentecost
                 ;
                 as
                 also
                 those
                 between
                 Midwinter
                 (
                 so
                 they
                 called
                 the
                 Nativity
                 of
                 our
                 Lord
                 )
                 and
                 
                   Octabis
                   Epiphaniae
                
                 .
                 So
                 that
                 ,
                 at
                 this
                 time
                 ,
                 some
                 Fridays
                 were
                 Law-days
                 and
                 some
                 were
                 not
                 .
                 Those
                 in
                 Easter
                 Term
                 ,
                 with
                 the
                 Eve
                 of
                 Philip
                 and
                 Jacob
                 ,
                 were
                 ;
                 and
                 the
                 rest
                 were
                 not
                 .
                 The
                 reason
                 of
                 this
                 partiality
                 (
                 as
                 I
                 take
                 it
                 )
                 was
                 ;
                 they
                 fasted
                 not
                 at
                 Christmass
                 for
                 joy
                 of
                 Christ's
                 Nativity
                 ,
                 nor
                 between
                 Easter
                 and
                 Whitsuntide
                 ,
                 for
                 that
                 Christ
                 continued
                 upon
                 the
                 Earth
                 ,
                 from
                 his
                 Resurrection
                 till
                 his
                 Ascension
                 ;
                 And
                 *
                 
                   the
                   children
                   of
                   the
                   wedding
                   may
                   not
                   fast
                   so
                   long
                   as
                   the
                   Bridegroom
                   is
                   with
                   them
                   :
                
                 Nor
                 till
                 Whitsuntide
                 ,
                 for
                 joy
                 of
                 the
                 coming
                 of
                 the
                 
                   Holy
                   Ghost
                
                 .
              
            
             
               
                 CHAP.
                 IX
                 .
              
               
                 The
                 Constitution
                 of
                 Edward
                 the
                 Confessor
                 most
                 material
                 .
              
               
                 SAint
                 Edward
                 the
                 Confessor
                 drew
                 this
                 Constitution
                 of
                 Canutus
                 nearer
                 to
                 the
                 course
                 of
                 our
                 time
                 ,
                 as
                 a
                 Law
                 ,
                 in
                 these
                 words
                 :
                 1
                 
                   Ab
                   Adventu
                   Domini
                   usque
                   ad
                   Octabas
                   Epiphaniae
                   pax
                   Dei
                   &
                   sanctae
                   Ecclesiae
                   per
                   omne
                   Regnum
                   ;
                   similiter
                   à
                   Septuagesima
                   usque
                   ad
                   Octabas
                   Paschae
                   ;
                   item
                   ab
                   Ascensione
                   Domini
                   usque
                   ad
                   Octabas
                   Pentecostes
                   ;
                   item
                   omnibus
                   diebus
                   quatuor
                   temporum
                   ;
                   item
                   omnibus
                   Sabbatis
                   ab
                   hora
                   nona
                   ,
                   &
                   tota
                   die
                   sequenti
                   ,
                   usque
                   ad
                   diem
                   Lunae
                   ;
                   item
                   Vigiliis
                   Sanctae
                
                 Mariae
                 ,
                 Sancti
                 Michaelis
                 ,
                 Sancti
                 Johannis
                 Baptistae
                 ,
                 
                   Apostolorum
                   omnium
                   &
                   Sanctorum
                   quorum
                   solennitates
                   a
                   Sacerdotibus
                   Dominicis
                   ●nnunciantur
                   diebus
                   ;
                   &
                   omnium
                   Sanctorum
                   in
                   Kalendis
                
                 Novembris
                 ,
                 
                   semper
                   ab
                   hora
                   nona
                   Vigiliarum
                   ,
                   &
                   subsequenti
                   solennitate
                   :
                   Item
                   in
                   Parochiis
                   in
                   quibus
                   dedicationis
                   dies
                   observatur
                   ;
                   item
                   Parochiis
                   Ecclesiarum
                   ubi
                   propria
                   Festivitas
                   Sancti
                   celebratur
                   ,
                
                 &c.
                 
                 The
                 Rubrick
                 of
                 this
                 Law
                 is
                 ,
                 
                   De
                   temporibus
                   &
                   diebus
                   pacis
                   Regis
                   ,
                
                 intimating
                 Term-time
                 ;
                 and
                 here
                 in
                 the
                 Text
                 the
                 Vacations
                 are
                 called
                 
                   Dies
                   pacis
                   Dei
                   &
                   sanctae
                   Ecclesiae
                   ,
                
                 as
                 I
                 2
                 said
                 in
                 he
                 beginning
                 .
                 But
                 
                   pax
                   Dei
                   ,
                   pax
                   Ecclesiae
                   ,
                   &
                   pax
                   Regis
                   ,
                
                 in
                 other
                 Laws
                 of
                 Edward
                 the
                 Confessor
                 ,
                 and
                 elsewhere
                 ,
                 have
                 other
                 significations
                 also
                 more
                 particular
                 .
                 
                   Hora
                   nona
                
                 is
                 here
                 (
                 as
                 in
                 all
                 Authors
                 of
                 that
                 time
                 )
                 intended
                 for
                 three
                 of
                 the
                 clock
                 in
                 the
                 after-noon
                 ,
                 being
                 the
                 ninth
                 hour
                 of
                 the
                 artificial
                 day
                 ;
                 wherein
                 the
                 Saxons
                 ,
                 as
                 other
                 parts
                 of
                 Europe
                 ,
                 and
                 our
                 Ancestours
                 of
                 much
                 later
                 time
                 ,
                 followed
                 the
                 Judaical
                 computation
                 :
                 perhaps
                 till
                 the
                 invention
                 and
                 use
                 of
                 Clocks
                 gave
                 a
                 just
                 occasion
                 to
                 alter
                 it
                 ,
                 for
                 that
                 they
                 could
                 not
                 daily
                 vary
                 for
                 the
                 unequal
                 hours
                 .
              
            
             
               
               
                 CHAP.
                 X.
                 
              
               
                 The
                 Constitution
                 of
                 William
                 the
                 Conquerour
                 .
              
               
                 THis
                 Constitution
                 of
                 Edward
                 the
                 Confessour
                 was
                 amongst
                 his
                 other
                 Laws
                 confirm'd
                 by
                 William
                 the
                 Coquerour
                 ;
                 as
                 not
                 only
                 1
                 Hoveden
                 and
                 those
                 ancient
                 Authors
                 testifie
                 ,
                 but
                 by
                 the
                 Decree
                 of
                 the
                 Conquerour
                 himself
                 ,
                 in
                 these
                 words
                 ;
                 2
                 
                   Hoc
                   quoque
                   praecipio
                   ut
                   omnes
                   habeant
                   &
                   teneant
                   Leges
                
                 Edwardi
                 
                   in
                   omnibus
                   rebus
                   ,
                   adauctis
                   his
                   quae
                   constituimus
                   ad
                   utilitatem
                   Anglorum
                   .
                
                 And
                 in
                 those
                 Auctions
                 nothing
                 is
                 added
                 ,
                 alter'd
                 ,
                 or
                 spoken
                 ,
                 concerning
                 any
                 part
                 of
                 that
                 Constitution
                 .
                 Neither
                 is
                 it
                 like
                 ,
                 that
                 the
                 Conquerour
                 did
                 much
                 innovate
                 the
                 course
                 of
                 our
                 Terms
                 or
                 Law-days
                 ,
                 seeing
                 he
                 held
                 them
                 in
                 his
                 own
                 Dutchy
                 of
                 Normandy
                 ,
                 not
                 far
                 differing
                 from
                 the
                 same
                 manner
                 ,
                 having
                 received
                 the
                 Customs
                 of
                 that
                 his
                 Country
                 from
                 this
                 of
                 ours
                 ,
                 by
                 the
                 hand
                 of
                 Edward
                 the
                 Confessour
                 ;
                 as
                 in
                 the
                 beginning
                 of
                 their
                 old
                 3
                 Custumary
                 themselves
                 do
                 acknowledge
                 .
                 The
                 words
                 touching
                 their
                 Law-days
                 or
                 Tryals
                 be
                 these
                 ,
                 under
                 the
                 Title
                 
                   De
                   temporibus
                   quibus
                   leges
                   non
                   debent
                   fieri
                   :
                
                 4
                 
                   Notandum
                   autem
                   est
                   quod
                   quaedam
                   sunt
                   tempora
                   in
                   quibus
                   leges
                   non
                   debent
                   fieri
                   ,
                   nec
                   simplices
                   ,
                   nec
                   apertae
                   ,
                
                 viz.
                 
                   omnia
                   tempora
                   in
                   quibus
                   matrimonia
                   non
                   possunt
                   celebrari
                   .
                   Ecclesia
                   autem
                   legibus
                   apparentibus
                   omnes
                   dies
                   Festivos
                   prohibet
                   ,
                   &
                   defendit
                   ,
                
                 viz.
                 
                   ab
                   hora
                   nona
                   die
                   Jovis
                   ,
                   usque
                   ad
                   ortum
                   Solis
                   die
                   Lunae
                   sequenti
                   ,
                   &
                   omnes
                   dies
                   solennes
                   novem
                   lectionum
                   &
                   solennium
                   jejuniorum
                   ,
                   &
                   dedicationis
                   Ecclesiae
                   in
                   qua
                   duellum
                   est
                   deducendum
                   .
                
                 This
                 Law
                 doth
                 generally
                 inhibit
                 all
                 Judicial
                 proceedings
                 ,
                 during
                 the
                 times
                 wherein
                 Marriage
                 is
                 forbidden
                 ,
                 and
                 particularly
                 all
                 tryals
                 by
                 Battail
                 ,
                 (
                 which
                 the
                 French
                 and
                 our
                 5
                 Glanvil
                 call
                 
                   Leges
                   apparentes
                   ,
                   aliàs
                   apparibiles
                
                 ,
                 vulgarly
                 
                   Loix
                   Apparisans
                
                 )
                 during
                 the
                 other
                 times
                 therein
                 mention'd
                 .
                 And
                 it
                 is
                 to
                 be
                 noted
                 ,
                 that
                 the
                 Emperour
                 Frederick
                 the
                 Second
                 in
                 his
                 6
                 
                   Neapolitan
                   Constitutions
                
                 includeth
                 the
                 tryals
                 by
                 Ordeal
                 under
                 
                   Leges
                   paribiles
                
                 .
                 But
                 touching
                 the
                 time
                 wherein
                 Marriage
                 is
                 forbidden
                 ;
                 it
                 agreed
                 at
                 that
                 day
                 with
                 
                 the
                 Vacations
                 from
                 Law-business
                 ,
                 prescrib'd
                 by
                 Edward
                 the
                 Confessour
                 :
                 the
                 Church
                 not
                 thinking
                 it
                 reason
                 ,
                 that
                 men
                 abstaining
                 from
                 litigation
                 ,
                 should
                 give
                 themselves
                 to
                 lust
                 ,
                 7
                 and
                 to
                 feasting
                 and
                 dancing
                 ,
                 (
                 things
                 incident
                 to
                 Marriage
                 :
                 )
                 In
                 which
                 respect
                 ,
                 it
                 also
                 required
                 that
                 man
                 and
                 wife
                 (
                 as
                 near
                 as
                 they
                 could
                 )
                 should
                 at
                 these
                 times
                 forbear
                 the
                 pleasure
                 of
                 their
                 bed
                 ,
                 and
                 give
                 themselves
                 to
                 devotion
                 and
                 piety
                 .
                 For
                 tho'
                 covetous
                 persons
                 have
                 since
                 abused
                 that
                 godly
                 Institution
                 to
                 their
                 profit
                 ,
                 yet
                 the
                 Fathers
                 that
                 were
                 Authors
                 of
                 it
                 in
                 
                   Ilerdensi
                   Concilio
                
                 ,
                 about
                 500.
                 years
                 after
                 Christ
                 ,
                 aim'd
                 at
                 nothing
                 ,
                 but
                 meerly
                 sanctity
                 .
                 The
                 times
                 of
                 Marriage
                 ,
                 prohibited
                 according
                 to
                 the
                 Constitution
                 of
                 the
                 Church
                 ,
                 were
                 these
                 ;
                 8
                 
                   A
                   prima
                   Dominica
                   Adventus
                   ,
                   usque
                   ad
                   Octavas
                   Epiphaniae
                   exclusive
                   :
                   &
                   à
                   Dominica
                   Septuagesimae
                   usque
                   ad
                   primam
                   Dominicam
                   post
                   Pascha
                   inclusive
                   :
                   &
                   à
                   prima
                   die
                   Rogationum
                   usque
                   ad
                   septimum
                   diem
                   festi
                   Pentecostes
                   inclusive
                   .
                
                 The
                 Law-Vacation
                 ,
                 according
                 to
                 the
                 prescription
                 of
                 Edward
                 the
                 Confessour
                 ,
                 is
                 ,
                 
                   ab
                   Ascensione
                   Domini
                   usque
                   ad
                   octabis
                   Pentecostes
                   .
                
                 But
                 here
                 ,
                 the
                 Wedding-vacation
                 is
                 three
                 days
                 before
                 it
                 ,
                 viz.
                 
                   à
                   prima
                   die
                   Rogationum
                
                 ;
                 which
                 is
                 according
                 to
                 the
                 Constitution
                 
                   De
                   Feriis
                   ,
                   ca.
                   Capellanus
                
                 .
                 So
                 that
                 the
                 Term-times
                 ,
                 and
                 Vacations
                 ,
                 of
                 the
                 English
                 and
                 Normans
                 ,
                 were
                 anciently
                 all
                 one
                 ;
                 and
                 our
                 Ecclesiastical
                 Courts
                 hold
                 it
                 so
                 to
                 this
                 day
                 .
                 Of
                 the
                 
                   Dies
                   novem
                   Lectionum
                
                 before
                 mention'd
                 ,
                 we
                 shall
                 speak
                 anon
                 .
              
            
             
               
               
                 CHAP.
                 XI
                 .
              
               
                 
                   What
                   done
                   by
                
                 William
                 Rufus
                 ,
                 Henry
                 I.
                 King
                 Stephen
                 ,
                 and
                 Henry
                 II.
                 
              
               
                 AS
                 for
                 
                   William
                   Rufus
                
                 ,
                 we
                 read
                 that
                 he
                 pulled
                 many
                 lands
                 from
                 the
                 Church
                 ,
                 but
                 not
                 that
                 he
                 abridged
                 the
                 Vacation
                 times
                 assigned
                 to
                 it
                 .
              
               
                 Henry
                 I.
                 upon
                 view
                 of
                 former
                 Constitutions
                 ,
                 composed
                 this
                 Law
                 under
                 the
                 Title
                 ,
                 
                   De
                   observatione
                   temporis
                
                 1
                 
                   Leges
                   faciendi
                
                 ,
                 viz.
                 
                   ab
                   Adventu
                   Domini
                   usque
                   ad
                   Octabis
                   Epiphaniae
                   ,
                   &
                   à
                   Septuagesima
                   usque
                   ad
                
                 15.
                 
                   dies
                   post
                   Pascham
                   ,
                   &
                   Festis
                   diebus
                   ,
                   &
                   quatuor
                   Temporum
                   ,
                   &
                   diebus
                   Quadragesimalibus
                   ,
                   &
                   aliis
                   legitimis
                   Jejuniis
                   ,
                   in
                   diebus
                   Veneris
                   ,
                   &
                   vigiliis
                   Sanctorum
                   Apostolorum
                   non
                   est
                   tempus
                   leges
                   faciendi
                   ,
                   idem
                   vel
                   jusjurandum
                   (
                   nisi
                   primo
                   fidelitate
                   domini
                   vel
                   concordia
                   )
                   vel
                   bellum
                   ,
                   vel
                   ferri
                   ,
                   vel
                   aquae
                   ,
                   vel
                   leges
                   exactionis
                   tractari
                   ,
                   sed
                   sit
                   in
                   omnibus
                   vera
                   pax
                   ,
                   beata
                   charitas
                   ,
                   ad
                   honorem
                   omnipotentis
                   Dei
                   ,
                
                 &c.
                 
                 The
                 Copies
                 of
                 these
                 Laws
                 is
                 much
                 corrupted
                 ,
                 and
                 it
                 appeareth
                 by
                 Florence
                 Wigorn's
                 Continuer
                 ,
                 that
                 the
                 Londoners
                 refused
                 them
                 ,
                 and
                 put
                 Maud
                 the
                 Empress
                 to
                 an
                 ignominious
                 
                 flight
                 when
                 she
                 pressed
                 the
                 observation
                 of
                 them
                 .
                 But
                 in
                 this
                 particular
                 branch
                 there
                 is
                 nothing
                 not
                 agreeable
                 to
                 some
                 former
                 Constitution
                 .
                 The
                 word
                 Bellum
                 here
                 signifieth
                 Combats
                 ,
                 which
                 among
                 our
                 Saxons
                 are
                 not
                 spoken
                 of
                 ,
                 and
                 by
                 those
                 of
                 
                   Ferri
                   vel
                   aquae
                
                 ,
                 are
                 meant
                 Ordeal
                 .
              
               
                 King
                 Stephen
                 by
                 his
                 Charter
                 recited
                 at
                 Malmesbury
                 ,
                 confirmed
                 and
                 established
                 by
                 a
                 Generality
                 ,
                 2
                 
                   Bonas
                   leges
                   ,
                   &
                   antiquas
                   ,
                   &
                   justas
                   consuetudines
                   .
                
              
               
                 Henry
                 
                   the
                   II.
                   expresly
                   ratified
                   the
                   Laws
                   of
                
                 Edward
                 
                   the
                   Confessour
                   and
                
                 William
                 
                   the
                   Conquerour
                   ,
                   as
                
                 3
                 Hoveden
                 
                   telleth
                   us
                   ,
                   saying
                
                 ,
                 That
                 he
                 did
                 it
                 by
                 the
                 advice
                 of
                 
                   Ranulph
                   Glanvil
                
                 then
                 newly
                 made
                 Chief
                 Justice
                 of
                 
                   England
                   ;
                   which
                   seemeth
                   to
                   be
                   true
                   ,
                   for
                   that
                
                 4
                 Glanvil
                 
                   doth
                   accordingly
                   make
                   some
                   of
                   his
                   Writs
                   returnable
                
                 in
                 Octabis
                 ,
                 or
                 Clauso
                 Paschae
                 ,
                 
                   where
                   the
                   Laws
                   of
                
                 Edward
                 
                   the
                   Confessour
                   appoint
                   the
                   end
                   of
                   Lent
                   Vacation
                   :
                   And
                
                 5
                 Gervasius
                 Tilburiensis
                 
                   also
                   mentioneth
                   the
                   same
                   return
                   .
                   Yet
                   the
                   MSS.
                   Laws
                   of
                
                 6
                 Henry
                 
                   II.
                   which
                   remain
                   in
                   the
                   Red-book
                   of
                   the
                
                 Exchequer
                 ,
                 
                   following
                   the
                   Synod
                   of
                
                 Eanham
                 ,
                 
                   extendeth
                   Lent
                   Vacation
                
                 ,
                 à
                 Septuagesima
                 usque
                 15.
                 dies
                 post
                 Pascha
                 ,
                 
                   and
                   layeth
                   out
                   the
                   whole
                   frame
                   of
                   the
                   year
                   in
                   this
                   manner
                   ,
                   under
                   the
                   Rubrick
                
                 De
                 observatione
                 temporis
                 leges
                 faciendi
                 ,
                 viz.
                 Ab
                 Adventu
                 Domini
                 usque
                 ad
                 Octabis
                 Epiphaniae
                 ,
                 &
                 a
                 Septuagesima
                 usque
                 ad
                 quindecim
                 dies
                 post
                 Pascha
                 ,
                 &
                 festis
                 diebus
                 ,
                 &
                 quatuor
                 temporum
                 ,
                 &
                 diebus
                 Quadragesimalibus
                 ,
                 &
                 aliis
                 legitimis
                 jejuniis
                 in
                 diebus
                 Veneris
                 &
                 Vigiliis
                 singulorum
                 Apostolorum
                 non
                 est
                 tempus
                 leges
                 faciendi
                 ,
                 idem
                 vel
                 jusjurandum
                 nisi
                 primo
                 fidelitate
                 Domini
                 ,
                 vel
                 concordia
                 ,
                 vel
                 bellum
                 ,
                 vel
                 ferri
                 ,
                 vel
                 aquae
                 ,
                 vel
                 legis
                 examinationis
                 tractari
                 .
                 Sed
                 sit
                 in
                 omnibus
                 vera
                 pax
                 (
                 &
                 )
                 beata
                 charitas
                 ad
                 honorem
                 Omnipotentis
                 ,
                 cujus
                 sapientia
                 conditi
                 sumus
                 ,
                 nativitate
                 provecti
                 ,
                 morte
                 redempti
                 ,
                 consolatione
                 securi
                 ;
                 &
                 qui
                 debitor
                 est
                 ,
                 persolvat
                 ante
                 vel
                 induciet
                 ,
                 donec
                 dies
                 isti
                 transeant
                 ,
                 gaudiis
                 &
                 honestis
                 voluptatibus
                 instituti
                 .
                 Et
                 si
                 quis
                 maleficium
                 inter
                 manus
                 habens
                 ,
                 alicubi
                 retinetur
                 ;
                 ibi
                 purgetur
                 vel
                 sordidetur
                 si
                 solum
                 inculpatio
                 ,
                 plegiis
                 si
                 opus
                 est
                 datis
                 ,
                 ubi
                 justum
                 fuerit
                 terminanda
                 revertatur
                 .
              
            
             
               
               
                 CHAP.
                 XII
                 .
              
               
                 The
                 Terms
                 laid
                 out
                 according
                 to
                 these
                 ancient
                 Laws
                 .
              
               
                 TO
                 lay
                 out
                 now
                 the
                 bounds
                 of
                 the
                 Terms
                 according
                 to
                 these
                 Canons
                 and
                 Constitutions
                 ,
                 especially
                 that
                 ancient
                 Law
                 of
                 Edward
                 the
                 Confessour
                 ;
                 it
                 thus
                 appeareth
                 ,
                 viz.
                 
              
               
                 
                 Hilary-Term
                 began
                 then
                 certainly
                 at
                 
                   Octabis
                   Epiphaniae
                
                 ,
                 that
                 is
                 the
                 thirteenth
                 day
                 of
                 January
                 ,
                 seven
                 days
                 before
                 the
                 first
                 Return
                 it
                 now
                 hath
                 ,
                 and
                 nine
                 days
                 before
                 our
                 Term
                 beginneth
                 ;
                 and
                 ended
                 at
                 the
                 Saturday
                 next
                 before
                 Septuagesima
                 ,
                 which
                 being
                 moveable
                 made
                 this
                 Term
                 longer
                 in
                 some
                 years
                 than
                 in
                 others
                 .
                 
                   Florentius
                   Wigorniensis
                
                 ,
                 and
                 Walsingham
                 in
                 his
                 1
                 
                   Hypodigma
                   Neustriae
                
                 saith
                 ,
                 —
                 Anno
                 1096.
                 
                 
                   In
                   Octabis
                   Epiphaniae
                   apud
                   Sarisburiam
                   Rex
                
                 Gulielmus
                 [
                 Rufus
                 ]
                 
                   tenuit
                   Consilium
                   in
                   quo
                   jussit
                
                 Gulielmi
                 de
                 Anco
                 
                   in
                   du●llo
                   victi
                   oculos
                   eruere
                   ,
                   &
                   testiculos
                   abscindere
                   ,
                
                 &
                 Dapiferum
                 illius
                 Gulielmum
                 de
                 Alderi
                 ,
                 
                   filium
                   amitae
                   illius
                   suspendi
                
                 ,
                 &c.
                 proceeding
                 also
                 judicially
                 against
                 others
                 .
                 Tho'
                 Walsingham
                 calleth
                 this
                 Consilium
                 with
                 an
                 s
                 ,
                 a
                 Counsel
                 ;
                 and
                 
                   Wigorniensis
                   Concilium
                
                 with
                 a
                 c
                 ,
                 an
                 Assembly
                 ,
                 (
                 the
                 word
                 Term
                 perhaps
                 not
                 being
                 in
                 use
                 under
                 
                   William
                   Rufus
                   ;
                
                 )
                 yet
                 it
                 seemeth
                 to
                 be
                 no
                 other
                 ,
                 than
                 an
                 Assembly
                 of
                 the
                 Barons
                 ,
                 in
                 the
                 King's
                 house
                 or
                 Court
                 of
                 State
                 ,
                 (
                 which
                 was
                 then
                 the
                 ordinary
                 place
                 of
                 Justice
                 for
                 crimes
                 of
                 this
                 nature
                 .
                 )
                 For
                 the
                 Barons
                 of
                 the
                 Land
                 were
                 at
                 that
                 time
                 Judges
                 of
                 all
                 causes
                 ,
                 which
                 we
                 call
                 Pleas
                 of
                 the
                 Crown
                 ,
                 and
                 of
                 all
                 other
                 belonging
                 to
                 the
                 Court
                 of
                 the
                 King
                 :
                 The
                 proceeding
                 also
                 against
                 these
                 offenders
                 seemeth
                 meerly
                 Legal
                 ,
                 and
                 not
                 Parliamentary
                 or
                 
                   ex
                   arbitrio
                
                 .
                 For
                 the
                 tryal
                 was
                 according
                 to
                 Law
                 ,
                 by
                 Battel
                 ;
                 and
                 the
                 judgement
                 (
                 after
                 the
                 manner
                 of
                 the
                 time
                 )
                 by
                 putting
                 out
                 the
                 eyes
                 and
                 mutilation
                 of
                 the
                 privy
                 members
                 .
                 As
                 for
                 putting
                 men
                 to
                 death
                 ,
                 I
                 confess
                 that
                 it
                 was
                 not
                 at
                 this
                 time
                 ordinary
                 :
                 For
                 2
                 William
                 the
                 Conquerour
                 had
                 made
                 a
                 Law
                 :
                 
                   Interdico
                   nequis
                   occidatur
                   ,
                   vel
                   suspendatur
                   pro
                   aliqua
                   culpa
                   ;
                   sed
                   eruantur
                   oculi
                   &
                   abscindantur
                   testiculi
                   .
                
                 But
                 as
                 himself
                 observ'd
                 it
                 not
                 ;
                 so
                 his
                 Son
                 made
                 not
                 nice
                 in
                 breaking
                 of
                 it
                 .
                 And
                 I
                 think
                 the
                 Barons
                 of
                 that
                 time
                 did
                 in
                 many
                 things
                 ,
                 (
                 especially
                 crimes
                 of
                 Treason
                 )
                 
                   ex
                   arbitrio
                   judicare
                
                 .
                 Besides
                 this
                 ,
                 if
                 it
                 had
                 been
                 other
                 than
                 an
                 ordinary
                 course
                 of
                 justice
                 ,
                 they
                 would
                 not
                 have
                 call'd
                 it
                 Consilium
                 or
                 Concilium
                 simply
                 ;
                 but
                 
                   magnum
                   Concilium
                
                 or
                 
                   commune
                   Concilium
                   Regni
                
                 ,
                 as
                 the
                 phrase
                 then
                 was
                 for
                 Parliaments
                 .
                 Lastly
                 ,
                 tho'
                 it
                 had
                 been
                 a
                 Parliament
                 ,
                 yet
                 they
                 could
                 not
                 ,
                 or
                 at
                 least
                 they
                 would
                 not
                 break
                 the
                 Constitutions
                 of
                 the
                 Church
                 ,
                 by
                 medling
                 with
                 tryals
                 of
                 crime
                 and
                 blood
                 ,
                 
                   in
                   diebus
                   pacis
                   Ecclesiae
                
                 :
                 and
                 therefore
                 we
                 must
                 conceive
                 it
                 to
                 be
                 done
                 in
                 Term-time
                 ,
                 &
                 
                   diebus
                   pacis
                   Regis
                
                 ,
                 as
                 the
                 Canons
                 alledg'd
                 ,
                 and
                 assign'd
                 it
                 .
              
               
                 I
                 meet
                 also
                 with
                 a
                 precedent
                 to
                 this
                 purpose
                 in
                 3
                 Radevicus
                 under
                 the
                 year
                 1160.
                 whereby
                 it
                 appears
                 ,
                 that
                 they
                 began
                 their
                 Term
                 or
                 Law-day
                 likwise
                 beyond
                 the
                 Seas
                 at
                 
                   Octabis
                   Epiphaniae
                   .
                   Curia
                
                 (
                 says
                 he
                 )
                 
                   quae
                   in
                   Octavis
                   Epiphaniae
                   Papiae
                   fuerat
                   indicta
                   ,
                   usque
                   in
                   sextam
                   feriam
                   proxime
                   ante
                   caput
                   jejunii
                   (
                   quia
                   in
                   destructione
                   Cremae
                   dominus
                   Imperator
                   detinebatur
                   )
                   est
                   dilata
                   .
                
              
               
                 
                 The
                 Norman
                 Custumary
                 sheweth
                 also
                 expresly
                 ,
                 that
                 this
                 Term
                 began
                 at
                 
                   Octabis
                   Epiphaniae
                
                 :
                 in
                 saying
                 ,
                 that
                 their
                 Law-days
                 began
                 and
                 went
                 out
                 with
                 the
                 times
                 of
                 celebrating
                 Marriage
                 :
                 which
                 in
                 this
                 part
                 of
                 the
                 year
                 (
                 as
                 we
                 shewed
                 before
                 )
                 came
                 in
                 at
                 
                   Octab.
                   Epiphaniae
                
                 ,
                 and
                 went
                 out
                 at
                 Septuagesima
                 ,
                 as
                 it
                 still
                 doth
                 .
                 And
                 the
                 Court
                 of
                 the
                 Arches
                 doth
                 still
                 hold
                 the
                 same
                 beginning
                 .
                 The
                 Exchequer
                 also
                 being
                 brought
                 out
                 of
                 Normandy
                 ,
                 seemeth
                 to
                 retain
                 at
                 this
                 day
                 the
                 steps
                 of
                 the
                 
                   Norman
                   Custume
                
                 .
                 For
                 in
                 that
                 it
                 openeth
                 
                 eight
                 days
                 before
                 the
                 beginning
                 of
                 the
                 Term
                 ,
                 it
                 openeth
                 upon
                 the
                 matter
                 at
                 
                   Octabis
                   Epiphaniae
                
                 :
                 By
                 which
                 it
                 appeareth
                 that
                 it
                 was
                 then
                 no
                 Vacation
                 ,
                 and
                 that
                 the
                 Term
                 was
                 begun
                 at
                 
                   Octabis
                   Epiphaniae
                
                 ;
                 whereby
                 it
                 is
                 the
                 likelyer
                 also
                 that
                 it
                 ended
                 at
                 Septuagesima
                 ,
                 lest
                 beginning
                 it
                 ,
                 as
                 we
                 now
                 do
                 ,
                 it
                 might
                 fall
                 out
                 some
                 years
                 to
                 have
                 no
                 Hilary-Term
                 at
                 all
                 ,
                 as
                 shall
                 anon
                 appear
                 .
                 And
                 this
                 our
                 ancient
                 use
                 of
                 ending
                 the
                 Term
                 at
                 Septuagesima
                 is
                 some
                 inducement
                 to
                 think
                 ,
                 the
                 Council
                 of
                 Erpford
                 is
                 depraved
                 ,
                 and
                 that
                 the
                 word
                 there
                 Quinquagesima
                 should
                 be
                 Septuagesima
                 ,
                 as
                 the
                 gloss
                 there
                 reporteth
                 it
                 to
                 be
                 in
                 some
                 other
                 place
                 :
                 And
                 as
                 well
                 Gratian
                 mistakes
                 this
                 ,
                 as
                 he
                 hath
                 done
                 the
                 Council
                 
                 it self
                 ,
                 attributing
                 it
                 to
                 Ephesus
                 a
                 City
                 of
                 Ionia
                 ,
                 instead
                 of
                 Erpford
                 a
                 Town
                 in
                 Germany
                 ;
                 where
                 Burchard
                 before
                 him
                 ,
                 and
                 Binius
                 since
                 ,
                 do
                 now
                 place
                 it
                 .
              
               
                 
                 It
                 comes
                 here
                 to
                 my
                 mind
                 ,
                 what
                 I
                 have
                 heard
                 an
                 old
                 Chequer-man
                 many
                 years
                 ago
                 report
                 ,
                 that
                 this
                 Term
                 and
                 Trinity-Term
                 were
                 in
                 ancient
                 time
                 either
                 no
                 Terms
                 at
                 all
                 ,
                 or
                 but
                 as
                 reliques
                 of
                 Michaelmass
                 and
                 Easter-Terms
                 ,
                 rather
                 than
                 just
                 Terms
                 of
                 themselves
                 :
                 Some
                 courses
                 of
                 the
                 Chequer
                 yet
                 encline
                 to
                 it
                 .
                 And
                 we
                 were
                 both
                 of
                 the
                 mind
                 ,
                 that
                 want
                 of
                 business
                 (
                 which
                 no
                 doubt
                 in
                 those
                 days
                 was
                 very
                 little
                 )
                 by
                 reason
                 Suits
                 were
                 then
                 for
                 the
                 most
                 part
                 determined
                 in
                 inferiour
                 Courts
                 ,
                 might
                 be
                 the
                 cause
                 thereof
                 .
                 But
                 I
                 since
                 observe
                 another
                 cause
                 ,
                 viz.
                 That
                 Septuagesima
                 or
                 Church-time
                 one
                 while
                 trode
                 so
                 near
                 upon
                 the
                 heels
                 of
                 
                   Octabis
                   Epiphaniae
                
                 (
                 I
                 mean
                 came
                 so
                 soon
                 after
                 it
                 ,
                 )
                 as
                 it
                 left
                 not
                 a
                 whole
                 week
                 for
                 Hilary-Term
                 ;
                 and
                 again
                 ,
                 another
                 while
                 ,
                 Trinity
                 Sunday
                 fell
                 out
                 so
                 late
                 in
                 the
                 year
                 ,
                 that
                 the
                 common
                 necessity
                 of
                 Hay-seed
                 and
                 Harvest
                 ,
                 made
                 that
                 Term
                 very
                 little
                 and
                 unfrequented
                 .
              
               
                 For
                 insomuch
                 as
                 Easter
                 (
                 which
                 is
                 the
                 Clavis
                 ,
                 as
                 well
                 to
                 shut
                 up
                 Hilary-Term
                 ,
                 as
                 to
                 open
                 Trinity-Term
                 )
                 may
                 ,
                 according
                 to
                 the
                 general
                 Council
                 of
                 Nice
                 ,
                 holden
                 in
                 the
                 year
                 322.
                 fall
                 upon
                 any
                 day
                 between
                 the
                 21
                 st
                 .
                 of
                 March
                 exclusively
                 ,
                 which
                 then
                 was
                 the
                 Aequinoctium
                 ,
                 and
                 the
                 25.
                 of
                 April
                 inclusively
                 ,
                 (
                 as
                 the
                 farthest
                 day
                 that
                 the
                 Sunday
                 following
                 the
                 Vernal
                 Full-Moon
                 can
                 happen
                 upon
                 ;
                 )
                 Septuagesima
                 may
                 sometimes
                 be
                 upon
                 the
                 eighteenth
                 of
                 January
                 ,
                 and
                 then
                 could
                 they
                 in
                 ancient
                 time
                 not
                 have
                 above
                 four
                 days
                 Term
                 ,
                 and
                 we
                 at
                 this
                 day
                 no
                 Term
                 at
                 all
                 ,
                 because
                 we
                 begin
                 it
                 not
                 till
                 the
                 23
                 d.
                 of
                 January
                 ,
                 which
                 may
                 be
                 six
                 days
                 after
                 Septuagesima
                 ,
                 and
                 within
                 the
                 time
                 of
                 Church-Vacation
                 .
                 But
                 what
                 Hilary-Term
                 hath
                 now
                 lost
                 at
                 the
                 beginning
                 of
                 it
                 ,
                 it
                 hath
                 gained
                 at
                 the
                 latter
                 ending
                 .
                 Of
                 Trinity-Term
                 I
                 shall
                 speak
                 more
                 by
                 and
                 by
                 .
              
            
             
               
                 CHAP.
                 XIII
                 .
              
               
                 Easter-Term
                 .
              
               
                 EAster-Term
                 ,
                 which
                 now
                 beginneth
                 two
                 days
                 after
                 
                   Quindena
                   Paschae
                
                 ,
                 began
                 then
                 as
                 the
                 Law
                 of
                 Edward
                 the
                 Confessour
                 appointed
                 it
                 ,
                 at
                 Octabis
                 .
                 This
                 is
                 verified
                 by
                 Glanvil
                 ,
                 who
                 maketh
                 one
                 of
                 his
                 Writs
                 returnable
                 thus
                 ;
                 
                   Rex
                   &c.
                   
                   Summone
                   per
                   bonos
                   summonitores
                   quatuor
                   legales
                   milites
                   de
                   vicineto
                   de
                   Stock
                   ,
                   quod
                   sint
                   ad
                   Clausum
                   Paschae
                   coram
                   me
                   vel
                   Justiciis
                   meis
                   apud
                
                 Westmonasterium
                 
                   ad
                   eligendum
                   supra
                   sacramentum
                   suum
                   duodecim
                   legales
                   milites
                   .
                
                 But
                 ,
                 as
                 it
                 began
                 then
                 nine
                 days
                 sooner
                 than
                 it
                 now
                 doth
                 ,
                 so
                 it
                 ended
                 six
                 or
                 seven
                 days
                 sooner
                 ,
                 viz.
                 before
                 the
                 Vigil
                 of
                 Ascension
                 ;
                 which
                 I
                 take
                 to
                 be
                 the
                 meaning
                 of
                 the
                 Law
                 of
                 Edward
                 the
                 Confessour
                 ,
                 appointing
                 the
                 time
                 from
                 the
                 Ascension
                 (
                 inclusivè
                 )
                 to
                 the
                 Octaves
                 of
                 Pentecost
                 ,
                 with
                 Ascension-Eve
                 ,
                 to
                 be
                 
                   dies
                   pacis
                   Ecclesiae
                
                 ,
                 and
                 Vacation
                 .
              
            
             
               
               
                 CHAP.
                 XIV
                 .
              
               
                 Trinity-Term
                 .
              
               
                 TRinity-Term
                 therefore
                 in
                 those
                 days
                 began
                 as
                 it
                 now
                 doth
                 (
                 in
                 respect
                 of
                 the
                 Returns
                 )
                 at
                 
                   Octab.
                   Pentecostes
                
                 ,
                 which
                 being
                 always
                 the
                 day
                 after
                 
                 Trinity
                 Sunday
                 ,
                 is
                 now
                 by
                 the
                 Stat.
                 of
                 32.
                 of
                 Hen.
                 VIII
                 .
                 appointed
                 to
                 be
                 called
                 
                   Crastino
                   Trinitatis
                
                 .
                 But
                 it
                 seemeth
                 that
                 the
                 Stat.
                 of
                 51.
                 of
                 Hen.
                 III.
                 changed
                 the
                 beginning
                 of
                 this
                 Term
                 from
                 
                   Crastino
                   Trinitatis
                
                 ,
                 to
                 
                   Octabis
                   Trinitatis
                
                 ,
                 and
                 that
                 therefore
                 the
                 Stat.
                 of
                 Hen.
                 VIII
                 .
                 did
                 no
                 more
                 in
                 this
                 point
                 than
                 reduce
                 it
                 to
                 the
                 former
                 original
                 .
                 As
                 touching
                 the
                 end
                 of
                 this
                 Term
                 ,
                 it
                 seemeth
                 also
                 that
                 the
                 said
                 Stat.
                 of
                 51.
                 
                 Hen.
                 III.
                 assigned
                 the
                 same
                 to
                 be
                 within
                 two
                 or
                 three
                 days
                 after
                 
                   Quindena
                   Sancti
                   Johannis
                
                 ,
                 (
                 which
                 is
                 about
                 the
                 twelfth
                 of
                 July
                 )
                 for
                 that
                 Statute
                 nameth
                 no
                 Return
                 after
                 .
              
               
                 But
                 ,
                 for
                 ought
                 that
                 hindreth
                 by
                 the
                 Canons
                 ,
                 it
                 is
                 
                   tanquam
                   Terminus
                   sine
                   Termino
                
                 ;
                 for
                 ,
                 there
                 was
                 no
                 set
                 Canon
                 or
                 Ecclesiastical
                 Law
                 (
                 that
                 I
                 can
                 find
                 )
                 to
                 abridge
                 the
                 continuance
                 thereof
                 till
                 Michaelmass
                 ,
                 unless
                 the
                 seven
                 days
                 next
                 before
                 St.
                 
                   John
                   Baptist
                
                 ,
                 were
                 (
                 according
                 to
                 the
                 Canon
                 of
                 Erpford
                 )
                 used
                 as
                 days
                 of
                 intermission
                 ,
                 when
                 they
                 fell
                 after
                 the
                 Octaves
                 of
                 Pentecost
                 as
                 commonly
                 they
                 do
                 ;
                 tho'
                 this
                 year
                 1614.
                 four
                 of
                 them
                 fell
                 within
                 them
                 :
                 and
                 except
                 the
                 Ember-days
                 meet
                 after
                 Holy-Rood
                 ;
                 for
                 
                   Jejunia
                   quatuor
                   Temporum
                
                 ,
                 as
                 well
                 by
                 the
                 Laws
                 of
                 Canutus
                 ,
                 and
                 Edward
                 the
                 Confessour
                 ,
                 as
                 by
                 all
                 other
                 almost
                 before
                 recited
                 ,
                 are
                 either
                 expresly
                 or
                 implicitely
                 exempted
                 from
                 the
                 days
                 of
                 Law.
                 But
                 when
                 Trinity
                 Sunday
                 fell
                 near
                 the
                 feast
                 of
                 St.
                 
                   John
                   Baptist
                
                 ,
                 then
                 was
                 the
                 first
                 part
                 of
                 this
                 Term
                 so
                 thrust
                 up
                 between
                 those
                 days
                 of
                 the
                 Church
                 ,
                 that
                 it
                 was
                 very
                 short
                 ;
                 and
                 the
                 latter
                 part
                 being
                 always
                 fixt
                 ,
                 did
                 so
                 hinder
                 Hay-seed
                 and
                 Harvest
                 following
                 ,
                 that
                 either
                 the
                 course
                 of
                 it
                 must
                 be
                 shortned
                 ,
                 or
                 it
                 must
                 still
                 usurp
                 upon
                 the
                 time
                 ,
                 allotted
                 by
                 nature
                 to
                 collect
                 the
                 fruits
                 of
                 the
                 earth
                 .
              
               
                 For
                 as
                 Religion
                 closed
                 the
                 Courts
                 of
                 Law
                 in
                 other
                 parts
                 of
                 the
                 year
                 ,
                 so
                 now
                 doth
                 publick
                 necessity
                 stop
                 the
                 progress
                 of
                 them
                 ;
                 following
                 the
                 Constitution
                 of
                 1
                 Theodosius
                 ,
                 thus
                 decreeing
                 ;
                 —
                 
                   Omnes
                   dies
                   jubemus
                   esse
                   juridicos
                   .
                   Illos
                   tamen
                   remanere
                   feriarum
                   dies
                   fas
                   est
                   geminis
                   mensibus
                   ;
                   ad
                   requiem
                   laboris
                   indulgentior
                   annus
                   excepit
                   :
                   aestivis
                   quoque
                   fervoribus
                   mitigandis
                   ,
                   &
                   autumpnis
                   fructibus
                   decerpendis
                   .
                
                 This
                 is
                 also
                 confirmed
                 in
                 the
                 2
                 
                   Canon
                   Conquestus
                
                 ;
                 and
                 in
                 3
                 Gratian
                 with
                 the
                 Glosses
                 upon
                 them
                 ,
                 to
                 which
                 I
                 leave
                 you
                 .
                 But
                 it
                 is
                 of
                 old
                 thus
                 expressed
                 by
                 4
                 Statius
                 ,
                 as
                 if
                 it
                 were
                 
                   ex
                   jure
                   Gentium
                
                 :
                 
                   
                     Certe
                     jam
                     Latiae
                     non
                     miscent
                     jurgia
                     Leges
                     ,
                  
                   
                     Et
                     pacem
                     piger
                     Annus
                     habet
                     ,
                     messesque
                     reversae
                  
                   
                     Dimisere
                     Forum
                     :
                     nec
                     jam
                     tibi
                     turba
                     r●orum
                  
                   
                     Vestibulo
                     ,
                     querulique
                     rogant
                     exire
                     Clientes
                     .
                  
                
                 
                   
                     The
                     Latian
                     Laws
                     do
                     no
                     man
                     now
                     molest
                     ,
                  
                   
                     But
                     grant
                     this
                     weary
                     season
                     peace
                     and
                     rest
                     ;
                  
                   
                     The
                     Courts
                     are
                     stopt
                     when
                     Harvest
                     comes
                     about
                     ,
                  
                   
                     The
                     Plaintiff
                     or
                     Defendant
                     stirs
                     not
                     out
                     .
                  
                
              
               
                 So
                 the
                 Longobards
                 (
                 our
                 brethren
                 as
                 touching
                 Saxon
                 original
                 )
                 appointed
                 for
                 their
                 Vintage
                 a
                 particular
                 Vacation
                 of
                 thirty
                 days
                 ,
                 which
                 5
                 
                   Paulus
                   Diaconus
                
                 
                 doth
                 thus
                 mention
                 :
                 
                   Proficiscentes
                   autem
                   eo
                   ad
                   villam
                   ,
                   ut
                   juxta
                   ritum
                   imperialem
                   triginta
                
                 1
                 
                   diebus
                   ad
                   vindemiam
                   jocundaretur
                
                 .
                 So
                 also
                 the
                 Western
                 Goths
                 (
                 a
                 branch
                 of
                 the
                 Northern
                 Nations
                 )
                 ordain'd
                 
                   pro
                   messivis
                   feriis
                   ,
                   à
                
                 15.
                 
                 
                   Kal.
                   Augusti
                   ,
                   usque
                   ad
                
                 15.
                 
                 
                   Kal.
                   Septembris
                   ,
                   &c.
                   observandas
                
                 .
                 Whereby
                 it
                 appeareth
                 that
                 this
                 time
                 was
                 not
                 onely
                 a
                 time
                 of
                 Vacation
                 in
                 those
                 ancient
                 days
                 ,
                 but
                 also
                 of
                 feasting
                 and
                 merriment
                 ,
                 for
                 receiving
                 the
                 fruits
                 of
                 the
                 earth
                 ;
                 as
                 at
                 
                 Nabal's
                 and
                 
                 Absalom's
                 Sheep-shearing
                 ,
                 and
                 in
                 divers
                 parts
                 of
                 England
                 at
                 this
                 
                 day
                 .
                 So
                 the
                 Normans
                 ,
                 whose
                 Terms
                 were
                 once
                 not
                 so
                 much
                 differing
                 from
                 ours
                 ,
                 might
                 not
                 hold
                 their
                 Assizes
                 or
                 times
                 of
                 Law
                 ,
                 but
                 after
                 Easter
                 and
                 Harvest
                 ;
                 (
                 that
                 is
                 ,
                 after
                 the
                 times
                 of
                 holy
                 Church
                 and
                 publick
                 necessity
                 )
                 as
                 appeareth
                 by
                 their
                 Custumary
                 .
                 And
                 forasmuch
                 as
                 the
                 2
                 Swainmote-Courts
                 are
                 by
                 the
                 ancient
                 Forest-laws
                 appointed
                 to
                 be
                 kept
                 fifteen
                 days
                 before
                 Michaelmass
                 ;
                 it
                 seemeth
                 to
                 be
                 intended
                 that
                 Harvest
                 was
                 then
                 done
                 ,
                 or
                 that
                 in
                 Forests
                 little
                 or
                 no
                 corn
                 was
                 then
                 used
                 to
                 be
                 sown
                 .
              
               
                 But
                 it
                 is
                 to
                 be
                 remembred
                 ,
                 that
                 this
                 Vacation
                 by
                 reason
                 of
                 Harvest
                 ,
                 Hay-seed
                 ,
                 Vintage
                 ,
                 &c.
                 was
                 not
                 of
                 so
                 much
                 solemnity
                 as
                 those
                 in
                 the
                 other
                 parts
                 of
                 the
                 year
                 ,
                 and
                 therefore
                 called
                 of
                 the
                 Civilians
                 ,
                 
                   Dies
                   feriati
                   minus
                   solennes
                
                 ;
                 because
                 they
                 were
                 not
                 dedicated
                 
                   divino
                   cultui
                
                 ,
                 but
                 
                   humanae
                   necessitati
                
                 .
                 Therefore
                 tho'
                 Law
                 business
                 was
                 prohibited
                 on
                 these
                 days
                 ,
                 to
                 give
                 ease
                 and
                 freedom
                 unto
                 Suiters
                 whilst
                 they
                 attended
                 on
                 the
                 Store-house
                 of
                 the
                 Common-wealth
                 ;
                 yet
                 was
                 it
                 not
                 otherwise
                 than
                 that
                 by
                 consent
                 of
                 parties
                 they
                 might
                 proceed
                 in
                 this
                 Vacation
                 ;
                 whereof
                 see
                 the
                 3
                 
                   Decreta
                   Gregorii
                
                 .
                 To
                 this
                 effect
                 ,
                 in
                 a
                 MS.
                 of
                 the
                 lives
                 of
                 the
                 Abbots
                 of
                 St.
                 Albans
                 ,
                 I
                 meet
                 with
                 this
                 precedent
                 :
                 That
                 4.
                 
                 Non.
                 Aug.
                 Anno
                 Dom.
                 1328.
                 
                 Indictione
                 11.
                 
                 
                   Comparentibus
                   judicialiter
                   coram
                   nobis
                   Offic.
                   Cur
                   Eborum
                   .
                   Commissario
                   Generali
                   in
                   majore
                   Ecclesia
                   Eborum
                   loco
                   〈…〉
                   pro
                   Tribunali
                   sedentibus
                   fratre
                
                 Johanne
                 de
                 Redburne
                 ,
                 〈…〉
                 S.
                 Albani
                 ,
                 
                   Ordinis
                   S.
                   Benedicti
                
                 Lincolniensis
                 
                   Dioeces
                   .
                   Procuratore
                   ,
                   R●●g
                   .
                   Virorum
                   Dominorum
                   Abbatis
                   &
                   Conventus
                   ejusdem
                   Monasterii
                   verorum
                   Patronorum
                   Ecclesiae
                   de
                
                 Appleton
                 
                   in
                   Rydale
                   Eborum
                   .
                   Dioc.
                   Procuratorio
                   pro
                   eisdem
                   ex
                   una
                   ,
                   ac
                   Domino
                
                 Waltero
                 Flemengs
                 
                   Rectore
                   ejusdem
                   Ecclesiae
                   personaliter
                   ex
                   altera
                   :
                   Idem
                   Dominus
                
                 Walterus
                 
                   Rector
                   ,
                   tempore
                   messium
                   non
                   obstante
                   ,
                   ipsoque
                   tunc
                   in
                   nobis
                   ut
                   in
                   judice
                   suo
                   ad
                   infra
                   scripta
                   judicialiter
                   consentiente
                   ,
                   fatebatur
                   se
                   teneri
                   dictis
                   Dominis
                   Abbati
                   &
                   Conventui
                   &
                   eorum
                   Monasterio
                   in
                
                 14.
                 
                   libris
                   argenti
                   ,
                   nomine
                   pensionis
                   sex
                   marcarum
                   annuarum
                   eisdem
                   Religiosis
                   ab
                   eo
                   &
                   dicta
                   sua
                   Ecclesia
                   de
                   tempore
                   quo
                   Rector
                   ejusdem
                   Ecclesiae
                   extitit
                   ,
                   debit
                   .
                   &
                   per
                   eundem
                   per
                   idem
                   tempus
                   subtractis
                   .
                
              
            
             
               
                 CHAP.
                 XV.
                 
              
               
                 Of
                 Michaelmass-Term
                 according
                 to
                 the
                 ancient
                 Constitutions
                 .
              
               
                 MIchaelmass-Term
                 (
                 as
                 the
                 Canons
                 and
                 Laws
                 aforesaid
                 leave
                 it
                 )
                 was
                 more
                 uncertain
                 for
                 the
                 beginning
                 than
                 for
                 the
                 end
                 .
                 It
                 appeareth
                 by
                 a
                 Fine
                 taken
                 at
                 Norwich
                 ,
                 18.
                 
                 Hen.
                 III.
                 that
                 the
                 Term
                 was
                 then
                 holden
                 there
                 ,
                 and
                 began
                 within
                 the
                 Octaves
                 of
                 Saint
                 Michael
                 ;
                 for
                 the
                 Cyrograph
                 of
                 it
                 is
                 ;
                 
                   Haec
                   est
                   finalis
                   concordia
                   facta
                   in
                   Curia
                   Domini
                   Regis
                   apud
                
                 Norwicum
                 ,
                 
                   die
                   Martis
                   proximo
                   post
                   festum
                   Sancti
                
                 Michaelis
                 ,
                 
                   anno
                   regni
                   Regis
                
                 Henrici
                 
                   filii
                   Regis
                
                 Johannis
                 18.
                 coram
                 Tho.
                 de
                 Mulet
                 ,
                 Rob.
                 de
                 Lexint
                 ,
                 Olivero
                 ,
                 &c.
                 
                 I
                 observe
                 that
                 the
                 Tuesday
                 next
                 after
                 St.
                 Michael
                 can
                 (
                 at
                 the
                 farthest
                 )
                 be
                 but
                 the
                 seventh
                 
                 day
                 after
                 it
                 ,
                 and
                 yet
                 it
                 then
                 must
                 be
                 a
                 day
                 within
                 the
                 Octaves
                 ;
                 whereas
                 the
                 Term
                 1
                 now
                 beginneth
                 not
                 till
                 the
                 third
                 day
                 after
                 the
                 Octaves
                 .
                 But
                 2
                 
                   Gervasius
                   Tilburiensis
                
                 ,
                 who
                 lived
                 in
                 Hen.
                 II's
                 time
                 ,
                 hath
                 a
                 Writ
                 in
                 these
                 words
                 :
                 —
                 
                   N.
                   Rex
                   Anglorum
                
                 ,
                 [
                 illi
                 vel
                 illi
                 ]
                 
                   Vicecomiti
                   Jalutem
                   .
                   Vide
                   ,
                   sicut
                   teipsum
                   &
                   omnia
                   tua
                   diligis
                   ,
                   quod
                   sis
                   ad
                   Scaccarium
                
                 [
                 ibi
                 vel
                 ibi
                 in
                 Crastino
                 Sancti
                 Michaelis
                 ,
                 vel
                 in
                 Crastino
                 Clausi
                 
                   Paschae
                   ]
                   &
                   habeas
                   ibi
                   tecum
                   quicquid
                   debes
                   de
                   veteri
                   firma
                   &
                   nova
                   ,
                   &
                   nominatim
                   haec
                   debita
                   subscript
                   .
                   viz.
                
                 &c.
                 
                 By
                 which
                 it
                 appeareth
                 that
                 the
                 Term
                 in
                 the
                 Exchequer
                 ,
                 as
                 touching
                 Sheriffs
                 and
                 Accomptants
                 ,
                 and
                 consequently
                 in
                 the
                 other
                 parts
                 ,
                 began
                 then
                 as
                 now
                 it
                 doth
                 ,
                 saying
                 that
                 the
                 Statute
                 
                   De
                   Scaccario
                
                 ,
                 51.
                 
                 Hen.
                 III.
                 hath
                 since
                 appointed
                 ,
                 
                   That
                   Sheriffs
                   and
                   Accomptants
                   shall
                   come
                   to
                   the
                   Exchequer
                   the
                   Monday
                   after
                   the
                   feast
                   of
                
                 St.
                 Michael
                 ,
                 
                   and
                   the
                   Monday
                   after
                   the
                   Vtas
                   of
                
                 Easter
                 *
                 .
                 Which
                 time
                 ,
                 not
                 being
                 ferial
                 or
                 Church-days
                 ,
                 is
                 freely
                 allow'd
                 to
                 Term
                 business
                 ,
                 if
                 the
                 Octaves
                 of
                 St.
                 Michael
                 had
                 no
                 priviledge
                 ;
                 of
                 which
                 hereafter
                 .
                 It
                 is
                 to
                 be
                 noted
                 that
                 the
                 Term
                 in
                 the
                 Exchequer
                 hath
                 one
                 Return
                 at
                 the
                 beginning
                 of
                 every
                 Term
                 before
                 the
                 first
                 Return
                 in
                 other
                 Courts
                 ,
                 excepting
                 Trinity-Term
                 ;
                 viz.
                 
                   Crastino
                   S.
                   Michaelis
                
                 ,
                 in
                 Michaelmass-Term
                 ;
                 
                   Octabis
                   S.
                   Hilarii
                
                 ,
                 in
                 Hilary-Term
                 ;
                 and
                 Octabis
                 or
                 
                   Clausum
                   Paschae
                
                 ,
                 in
                 Easter-Term
                 .
                 And
                 it
                 seemeth
                 ,
                 that
                 
                   Crastino
                   Trinitatis
                
                 was
                 so
                 likewise
                 in
                 Trinity-Term
                 before
                 the
                 3
                 Stat.
                 32.
                 
                 Hen.
                 VIII
                 .
                 And
                 these
                 returns
                 or
                 the
                 space
                 of
                 eight
                 days
                 ,
                 in
                 which
                 the
                 Exchequer
                 is
                 open
                 before
                 the
                 full
                 Term
                 ,
                 (
                 which
                 now
                 we
                 commonly
                 call
                 the
                 beginning
                 of
                 the
                 Term
                 )
                 are
                 counted
                 to
                 be
                 Term-time
                 ,
                 as
                 appeareth
                 by
                 the
                 said
                 Statute
                 ,
                 where
                 it
                 is
                 thus
                 enacted
                 ;
                 
                   That
                   Trinity-Term
                   shall
                   begin
                   the
                   Monday
                   next
                   after
                   Trinity
                   Sunday
                   ,
                   for
                   keeping
                   of
                   the
                   Essoignes
                   ,
                   Profers
                   ,
                   Returns
                   ,
                   and
                   other
                   Ceremonies
                   heretofore
                   used
                   ,
                
                 &c.
                 
                 And
                 that
                 the
                 full
                 Term
                 of
                 the
                 said
                 Trinity-Term
                 ,
                 shall
                 yearly
                 for
                 ever
                 begin
                 the
                 Friday
                 *
                 ....
              
               
                 The
                 end
                 is
                 certainly
                 prefixed
                 by
                 the
                 Canons
                 and
                 Laws
                 aforesaid
                 ,
                 that
                 it
                 may
                 not
                 extend
                 into
                 Advent
                 .
                 And
                 it
                 holdeth
                 still
                 at
                 that
                 mark
                 ;
                 saving
                 that
                 because
                 Advent
                 Sunday
                 is
                 moveable
                 ,
                 according
                 to
                 the
                 Dominical
                 letter
                 ,
                 and
                 may
                 fall
                 upon
                 any
                 day
                 between
                 the
                 twenty
                 sixth
                 of
                 November
                 and
                 the
                 fourth
                 of
                 December
                 ,
                 therefore
                 the
                 twenty
                 eighth
                 of
                 November
                 (
                 as
                 a
                 middle
                 period
                 by
                 reason
                 of
                 the
                 Feast
                 and
                 Eve
                 of
                 St.
                 Andrew
                 )
                 hath
                 been
                 appointed
                 to
                 it
                 .
                 Howbeit
                 when
                 Advent
                 Sunday
                 falleth
                 on
                 the
                 twenty
                 seventh
                 of
                 November
                 ,
                 as
                 sometimes
                 it
                 doth
                 ,
                 then
                 is
                 the
                 last
                 day
                 of
                 the
                 Term
                 (
                 contrary
                 to
                 the
                 Canons
                 and
                 former
                 Constitutions
                 )
                 held
                 in
                 Advent
                 ,
                 and
                 consequently
                 void
                 ,
                 if
                 custom
                 help
                 it
                 not
                 ,
                 or
                 ,
                 for
                 more
                 security
                 the
                 Statute
                 of
                 3.
                 
                 Edw.
                 I.
                 ca.
                 48.
                 where
                 the
                 Bishops
                 ,
                 at
                 the
                 King's
                 request
                 ,
                 admit
                 Assizes
                 and
                 Inquests
                 to
                 be
                 taken
                 in
                 Advent
                 ,
                 as
                 it
                 after
                 shall
                 more
                 largely
                 appear
                 .
              
            
             
               
                 CHAP.
                 XVI
                 .
              
               
                 The
                 later
                 Constitutions
                 of
                 the
                 Terms
                 .
              
               
                 TO
                 leave
                 obscurity
                 and
                 come
                 nearer
                 the
                 light
                 ,
                 it
                 seemeth
                 by
                 the
                 Statutes
                 of
                 51.
                 
                 Hen.
                 III.
                 called
                 
                   Dies
                   communes
                   in
                   Banco
                
                 ,
                 that
                 the
                 Terms
                 did
                 then
                 either
                 begin
                 and
                 end
                 as
                 they
                 do
                 now
                 ,
                 or
                 that
                 those
                 Statutes
                 did
                 lay
                 them
                 out
                 ,
                 and
                 that
                 the
                 Statute
                 of
                 36.
                 
                 Edw.
                 III.
                 cap.
                 15.
                 confirmed
                 that
                 use
                 :
                 For
                 the
                 Returns
                 there
                 mentioned
                 are
                 neither
                 
                   other
                   ,
                   more
                
                 or
                 fewer
                 than
                 at
                 this
                 day
                 .
              
            
             
               
               
                 CHAP.
                 XVII
                 .
              
               
                 How
                 Trinity-term
                 was
                 alter'd
                 and
                 shortned
                 .
              
               
                 TRinity-Term
                 is
                 alter'd
                 and
                 shortned
                 by
                 the
                 Statute
                 of
                 32.
                 
                 Hen.
                 VIII
                 .
                 chap.
                 21.
                 which
                 hath
                 ordained
                 it
                 
                   quoad
                   sessionem
                
                 ,
                 to
                 begin
                 for
                 ever
                 the
                 Friday
                 after
                 
                   Corpus
                   Christi
                
                 day
                 ,
                 and
                 to
                 continue
                 nineteen
                 days
                 ;
                 whereas
                 in
                 elder
                 times
                 it
                 began
                 two
                 or
                 three
                 days
                 sooner
                 .
                 So
                 that
                 
                   Corpus
                   Christi
                
                 day
                 being
                 a
                 moveable
                 Feast
                 ,
                 this
                 Term
                 cannot
                 hold
                 any
                 certain
                 station
                 in
                 the
                 year
                 ,
                 and
                 therefore
                 this
                 year
                 1614.
                 it
                 began
                 on
                 St.
                 John
                 Baptist's
                 day
                 ,
                 and
                 the
                 last
                 year
                 it
                 ended
                 on
                 his
                 Eve.
                 Hereupon
                 ,
                 tho'
                 by
                 all
                 the
                 Canons
                 of
                 the
                 Church
                 and
                 former
                 Laws
                 ,
                 the
                 Feast
                 of
                 St.
                 
                   John
                   Baptist
                
                 was
                 a
                 solemn
                 day
                 ,
                 and
                 exempt
                 from
                 legal
                 proceedings
                 in
                 Courts
                 of
                 Justice
                 ;
                 yet
                 is
                 it
                 now
                 no
                 Vacation
                 day
                 ,
                 when
                 
                   Corpus
                   Christi
                
                 falleth
                 (
                 as
                 it
                 did
                 this
                 year
                 1614.
                 )
                 the
                 very
                 day
                 before
                 it
                 :
                 For
                 that
                 the
                 Statute
                 hath
                 appointed
                 the
                 Term
                 to
                 begin
                 the
                 Friday
                 next
                 after
                 
                   Corpus
                   Christi
                
                 day
                 ,
                 which
                 was
                 the
                 day
                 next
                 this
                 year
                 before
                 St.
                 
                   John
                   Baptist
                
                 ,
                 and
                 so
                 the
                 Term
                 must
                 of
                 necessity
                 begin
                 on
                 Saint
                 John
                 Baptist's
                 day
                 .
                 This
                 deceived
                 all
                 the
                 Ptognosticators
                 ,
                 who
                 counting
                 St.
                 
                   John
                   Baptist
                
                 for
                 a
                 grand
                 day
                 ,
                 and
                 no
                 day
                 in
                 Court
                 ,
                 appointed
                 the
                 Term
                 in
                 their
                 Almanacks
                 to
                 begin
                 the
                 day
                 after
                 ,
                 and
                 consequently
                 to
                 hold
                 a
                 day
                 longer
                 ;
                 deceiving
                 many
                 by
                 that
                 their
                 errour
                 .
              
               
                 But
                 ,
                 the
                 aforesaid
                 Statute
                 of
                 32.
                 
                 Hen.
                 VIII
                 .
                 changed
                 the
                 whole
                 frame
                 of
                 this
                 Term
                 :
                 For
                 it
                 made
                 it
                 begin
                 sooner
                 by
                 a
                 Return
                 ,
                 
                   viz.
                   Crastino
                   Sanctae
                   Trinitatis
                
                 ,
                 and
                 thereby
                 brought
                 
                   Octabis
                   Trinitatis
                
                 ,
                 which
                 before
                 was
                 the
                 first
                 Return
                 ,
                 to
                 be
                 the
                 second
                 ,
                 and
                 
                   Quindena
                   Trinitatis
                
                 which
                 before
                 was
                 the
                 second
                 ,
                 now
                 to
                 be
                 the
                 third
                 ;
                 and
                 instead
                 of
                 the
                 three
                 other
                 Returns
                 of
                 
                   Crastino
                   Octabis
                
                 ,
                 and
                 
                   Quindena
                   Sancti
                   Johannis
                
                 ,
                 it
                 appointed
                 that
                 which
                 before
                 was
                 no
                 Return
                 ,
                 but
                 now
                 the
                 fourth
                 and
                 last
                 ,
                 called
                 
                   Tres
                   Trinitatis
                
                 .
              
               
                 The
                 altering
                 and
                 abbreviation
                 of
                 this
                 Term
                 is
                 declared
                 by
                 the
                 preamble
                 of
                 the
                 Statute
                 ,
                 to
                 have
                 risen
                 out
                 of
                 two
                 causes
                 ,
                 one
                 for
                 health
                 ,
                 in
                 dismissing
                 the
                 Concourse
                 of
                 people
                 in
                 that
                 contagious
                 time
                 of
                 the
                 year
                 ;
                 the
                 other
                 for
                 wealth
                 ,
                 that
                 the
                 Subject
                 might
                 attend
                 his
                 Harvest
                 ,
                 and
                 gathering
                 in
                 the
                 fruits
                 of
                 the
                 earth
                 .
                 But
                 there
                 seemeth
                 to
                 be
                 a
                 third
                 also
                 not
                 mention'd
                 in
                 the
                 Statute
                 ,
                 and
                 that
                 is
                 ,
                 the
                 uncertain
                 station
                 ,
                 length
                 and
                 Returns
                 of
                 the
                 first
                 part
                 of
                 this
                 Term
                 ,
                 which
                 ,
                 like
                 an
                 Excentrick
                 ,
                 was
                 one
                 year
                 near
                 to
                 St.
                 
                   John
                   Baptist
                
                 ,
                 another
                 year
                 far
                 removed
                 from
                 it
                 ;
                 and
                 thereby
                 making
                 the
                 Term
                 not
                 only
                 various
                 ,
                 but
                 one
                 year
                 longer
                 ,
                 and
                 another
                 shorter
                 ,
                 according
                 as
                 Trinity
                 Sunday
                 (
                 being
                 the
                 Clavis
                 to
                 it
                 )
                 fell
                 nearer
                 or
                 farther
                 off
                 from
                 St.
                 
                   John
                   Baptist
                
                 .
                 For
                 if
                 it
                 fell
                 betimes
                 in
                 the
                 year
                 ,
                 then
                 was
                 this
                 Term
                 very
                 long
                 ,
                 and
                 the
                 two
                 first
                 Returns
                 of
                 Octabis
                 and
                 
                   Quindena
                   Trinitatis
                
                 might
                 be
                 past
                 and
                 gone
                 a
                 fortnight
                 and
                 more
                 ,
                 before
                 
                   Crastino
                   Sancti
                   Johannis
                
                 could
                 come
                 in
                 :
                 And
                 if
                 it
                 fell
                 late
                 ,
                 (
                 as
                 this
                 year
                 1614.
                 it
                 did
                 )
                 then
                 would
                 
                   Crastino
                   Sancti
                   Johannis
                
                 be
                 come
                 and
                 past
                 ,
                 before
                 
                   Octabis
                   Trinitatis
                
                 were
                 gone
                 out
                 .
                 So
                 that
                 many
                 times
                 one
                 or
                 two
                 of
                 the
                 first
                 Returns
                 of
                 this
                 Term
                 (
                 for
                 ought
                 that
                 I
                 can
                 see
                 )
                 must
                 in
                 those
                 days
                 needs
                 be
                 lost
                 .
              
            
             
               
               
                 *
                 CHAP.
                 XVIII
                 .
              
               
                 How
                 Michaelmass-Term
                 was
                 abbreviated
                 by
                 Act
                 of
                 Parliament
                 ,
                 
                   16.
                   
                   Car.
                   I.
                
                 Cap.
                 6.
                 
              
               
                 THe
                 last
                 place
                 our
                 Statute-book
                 affords
                 upon
                 this
                 Subject
                 of
                 the
                 limits
                 and
                 extent
                 of
                 the
                 Terms
                 ,
                 is
                 the
                 Stat.
                 16.
                 
                 Car.
                 I.
                 Chap.
                 6.
                 intituled
                 ,
                 
                   An
                   Act
                   concerning
                   the
                   limitation
                   and
                   abbreviation
                   of
                   Michaelmass-Term
                   .
                
                 For
                 whereas
                 by
                 former
                 Statutes
                 it
                 doth
                 appear
                 ,
                 that
                 Michaelmass-Term
                 did
                 begin
                 in
                 
                   Octabis
                   Sanctae
                   Michaelis
                
                 ,
                 that
                 Statute
                 appoints
                 ,
                 that
                 the
                 first
                 Return
                 in
                 this
                 Term
                 shall
                 ever
                 hereafter
                 be
                 
                   à
                   die
                   Sancti
                   Michaelis
                   in
                   tres
                   septimanas
                   ,
                
                 so
                 cutting
                 off
                 no
                 less
                 than
                 two
                 Returns
                 from
                 the
                 ancient
                 beginning
                 of
                 this
                 Term
                 ,
                 viz.
                 
                   Octabis
                   Sancti
                   Michaelis
                   ,
                   &
                   à
                   die
                   Sancti
                   Michaelis
                   in
                   quindecim
                   dies
                   ,
                
                 and
                 consequently
                 making
                 the
                 beginning
                 of
                 it
                 fall
                 a
                 fortnight
                 later
                 than
                 before
                 .
                 Wherefore
                 the
                 first
                 day
                 in
                 this
                 Term
                 will
                 always
                 be
                 the
                 twenty
                 third
                 day
                 of
                 October
                 ,
                 unless
                 it
                 happen
                 to
                 be
                 Sunday
                 ,
                 for
                 then
                 it
                 must
                 be
                 defer'd
                 till
                 the
                 day
                 following
                 ;
                 upon
                 which
                 account
                 we
                 find
                 it
                 accordingly
                 placed
                 on
                 the
                 twenty
                 fourth
                 for
                 the
                 year
                 1681.
                 
                 This
                 is
                 all
                 the
                 alteration
                 that
                 Statute
                 mentions
                 ,
                 and
                 therefore
                 for
                 the
                 end
                 of
                 Michaelmass-Term
                 ,
                 I
                 refer
                 the
                 Reader
                 to
                 what
                 our
                 Author
                 has
                 said
                 already
                 in
                 the
                 15
                 
                   th
                   .
                   Chapter
                
                 .
                 It
                 may
                 not
                 be
                 amiss
                 in
                 pursuit
                 of
                 our
                 Author's
                 method
                 to
                 set
                 down
                 the
                 motives
                 of
                 making
                 this
                 abbreviation
                 as
                 we
                 find
                 them
                 reckon'd
                 up
                 in
                 the
                 Preamble
                 to
                 that
                 Statute
                 .
                 There
                 we
                 find
                 ,
                 that
                 the
                 old
                 
                   beginning
                   of
                
                 Michaelmass-term
                 ,
                 
                   was
                   generally
                   found
                   to
                   be
                   very
                   inconvenient
                   to
                   his
                   Majesty's
                   subjects
                   both
                   Nobles
                   and
                   others
                   .
                
                 First
                 ,
                 
                   For
                   the
                   keeping
                   of
                   Quarter-sessions
                   next
                   after
                   the
                   feast
                   of
                   St.
                
                 Michael
                 
                   the
                   Archangel
                
                 ;
                 Secondly
                 ,
                 
                   For
                   keeping
                   their
                   Leets
                   ,
                   Law-days
                   and
                   Court-Barons
                   :
                
                 Thirdly
                 ,
                 
                   For
                   the
                   sowing
                   of
                   land
                   with
                   Winter-corn
                   ,
                   the
                   same
                   being
                   the
                   chief
                   time
                   of
                   all
                   the
                   year
                   for
                   doing
                   it
                
                 ;
                 Fourthly
                 ,
                 
                   For
                   the
                   disposing
                   ,
                   and
                   setting
                   in
                   order
                   of
                   all
                   their
                   Winter
                   husbandry
                   and
                   business
                
                 ;
                 Fifthly
                 ,
                 
                   For
                   the
                   receiving
                   aud
                   paying
                   of
                   Rents
                
                 ;
                 Sixthly
                 ,
                 
                   Because
                   in
                   many
                   parts
                   of
                   this
                   Kingdom
                   ,
                   especially
                   the
                   most
                   Northern
                   ,
                   Harvest
                   is
                   seldom
                   or
                   never
                   Inned
                   till
                   three
                   weeks
                   after
                   the
                   said
                   Feast
                   .
                   All
                   which
                   affairs
                   they
                   could
                   before
                   by
                   no
                   means
                   attend
                   ,
                   in
                   regard
                   of
                   the
                   necessity
                   of
                   their
                   coming
                   to
                   the
                   said
                   Term
                   ,
                   so
                   speedily
                   after
                   the
                   feast
                   of
                   St.
                
                 Michael
                 
                   the
                   Archangel
                   ,
                   to
                   appear
                   upon
                   Juries
                   ,
                   and
                   to
                   follow
                   their
                   Causes
                   and
                   Suits
                   in
                   the
                   Law.
                   
                
              
            
          
           
             
               SECT
               .
               V.
               
            
             
               Other
               Considerations
               concerning
               Term-time
               .
            
             
               HAving
               thus
               laid
               out
               the
               frame
               of
               the
               Terms
               ,
               both
               according
               to
               the
               Ancient
               and
               Modern
               Constitutions
               ,
               it
               remaineth
               that
               we
               speak
               something
               of
               other
               points
               properly
               incident
               to
               this
               part
               of
               our
               division
               touching
               Term-time
               ,
               viz.
               
            
             
               1.
               
               Why
               the
               Courts
               sit
               not
               in
               the
               Afternoons
               .
            
             
               2.
               
               Why
               not
               upon
               some
               whole
               days
               ,
               as
               on
               Grand-days
               ,
               double
               Feasts
               ,
               and
               other
               exempted
               days
               ,
               and
               the
               reason
               of
               them
               .
            
             
               3.
               
               Why
               some
               Law
               business
               may
               be
               done
               on
               days
               exempted
               .
            
             
               4.
               
               Why
               the
               end
               of
               Michaelmass-Term
               is
               sometimes
               holden
               in
               Advent
               ,
               and
               of
               Hilary-Term
               in
               
                 Septuagesima
                 ,
                 Sexagesima
              
               ,
               and
               Quinquagesima
               .
            
             
             
               5.
               
               Why
               the
               Assizes
               are
               holden
               in
               Lent
               ,
               and
               at
               times
               generally
               prohibited
               by
               the
               Church
               .
            
             
               6.
               
               Of
               Returns
               .
            
             
               7.
               
               Of
               the
               
                 Quarta
                 dies
                 post
              
               .
            
             
               8.
               
               Why
               I
               have
               cited
               so
               much
               Canon
               ,
               Civil
               ,
               Feodal
               ,
               and
               foreign
               Laws
               in
               this
               discourse
               ,
               with
               an
               excursion
               into
               the
               original
               of
               our
               Laws
               .
            
             
               
                 CHAP.
                 I.
                 
              
               
                 Why
                 the
                 High
                 Courts
                 sit
                 not
                 in
                 the
                 Afternoons
                 .
              
               
                 IT
                 is
                 now
                 to
                 be
                 considered
                 ,
                 why
                 the
                 high
                 Courts
                 of
                 Justice
                 sit
                 not
                 in
                 the
                 Afternoons
                 .
                 For
                 it
                 is
                 said
                 in
                 Exodus
                 ,
                 that
                 Moses
                 judged
                 the
                 Israelites
                 
                 from
                 Morning
                 to
                 Evening
                 .
                 And
                 the
                 Romans
                 used
                 the
                 Afternoon
                 as
                 well
                 as
                 the
                 Forenoon
                 ,
                 yea
                 ,
                 many
                 times
                 the
                 Afternoon
                 and
                 not
                 the
                 Forenoon
                 ,
                 as
                 upon
                 the
                 days
                 called
                 Endotercismi
                 or
                 Intercisi
                 ,
                 whereof
                 the
                 Forenoon
                 was
                 Nefastus
                 or
                 Vacation
                 ,
                 and
                 the
                 Afternoon
                 Fastus
                 or
                 Law-day
                 ,
                 as
                 we
                 shewed
                 in
                 the
                 beginning
                 .
                 And
                 the
                 Civilians
                 following
                 that
                 Law
                 do
                 so
                 continue
                 them
                 amongst
                 us
                 in
                 their
                 Term
                 at
                 this
                 day
                 .
                 But
                 our
                 Ancestours
                 and
                 other
                 the
                 Northern
                 Nations
                 being
                 more
                 prone
                 to
                 distemper
                 and
                 excess
                 of
                 diet
                 (
                 as
                 the
                 Canon
                 Law
                 noteth
                 of
                 them
                 )
                 used
                 the
                 Forenoon
                 only
                 ,
                 lest
                 repletion
                 should
                 bring
                 upon
                 them
                 drowsiness
                 and
                 oppression
                 of
                 spirit
                 ;
                 according
                 to
                 that
                 of
                 St.
                 
                   Jerome
                   ,
                   Pinguis
                   Venter
                   non
                   gignit
                   mentem
                   tenuem
                   .
                
                 To
                 confess
                 the
                 truth
                 ,
                 our
                 Saxons
                 (
                 as
                 appeareth
                 by
                 1
                 Huntington
                 )
                 were
                 immeasurably
                 given
                 to
                 drunkenness
                 .
                 And
                 it
                 is
                 said
                 in
                 2
                 
                   Ecclesiastes
                   ,
                   Vae
                   Terrae
                   cujus
                   Principes
                   mane
                   comedunt
                   .
                
                 Therefore
                 to
                 avoid
                 the
                 inconvenience
                 depending
                 hereon
                 ,
                 the
                 Council
                 of
                 Nice
                 ordained
                 ,
                 that
                 
                   Judices
                   non
                   nisi
                   jejuni
                   leges
                   &
                   judicia
                   decernant
                   .
                
                 And
                 in
                 the
                 Council
                 of
                 Salegunstad
                 it
                 was
                 after
                 decreed
                 ,
                 
                   Vt
                   lectio
                   Nicaeni
                   Concilii
                   recitetur
                
                 ,
                 which
                 being
                 done
                 in
                 the
                 words
                 aforesaid
                 ,
                 the
                 same
                 was
                 likewise
                 there
                 confirm'd
                 .
                 According
                 to
                 this
                 ,
                 in
                 the
                 Laws
                 of
                 
                   Carolus
                   Magnus
                
                 the
                 Emperour
                 it
                 is
                 ordained
                 ,
                 (
                 3
                 Logobard
                 lib.
                 2.
                 )
                 
                   Vt
                   Judices
                   jejuni
                   causas
                   audiant
                   &
                   discernant
                   :
                
                 and
                 again
                 in
                 the
                 4
                 Capitulars
                 Caroli
                 &
                 Lodovici
                 ,
                 
                   ne
                   placitum
                
                 5
                 
                   Comes
                   habeat
                   nisi
                   jejunus
                
                 .
                 Where
                 the
                 word
                 Comes
                 ,
                 according
                 to
                 the
                 phrase
                 of
                 that
                 time
                 ,
                 is
                 used
                 for
                 Judex
                 ,
                 as
                 elsewhere
                 we
                 have
                 at
                 large
                 declared
                 .
                 To
                 the
                 same
                 effect
                 is
                 the
                 
                   Capitular
                   ad
                   Legem
                   Salicam
                
                 :
                 and
                 out
                 of
                 these
                 and
                 such
                 other
                 Constitutions
                 ariseth
                 the
                 rule
                 of
                 the
                 Canon
                 Law
                 ,
                 that
                 
                   Quae
                   à
                   prandio
                   fiunt
                   Consultationes
                   ,
                   inter
                   decreta
                   non
                   referuntur
                   .
                
                 Yet
                 I
                 find
                 that
                 Causes
                 might
                 be
                 heard
                 and
                 judged
                 in
                 the
                 Afternoon
                 ;
                 for
                 in
                 
                   Capitulars
                   lib.
                
                 2.
                 
                 Can.
                 33.
                 and
                 again
                 lib.
                 4.
                 
                 Can.
                 16.
                 it
                 is
                 said
                 ,
                 
                   Causae
                   viduarum
                   ,
                   pupillorum
                   &
                   pauperum
                   audiantur
                   &
                   definiantur
                   ante
                   Meridiem
                   ,
                   Regis
                   vero
                   &
                   Potentium
                   post
                   Meridiem
                   .
                
                 Which
                 tho'
                 it
                 seem
                 contradictory
                 to
                 the
                 Constitutions
                 aforesaid
                 ,
                 yet
                 I
                 conceive
                 them
                 to
                 be
                 thus
                 reconcilable
                 :
                 that
                 the
                 Judges
                 (
                 sitting
                 then
                 but
                 seldom
                 )
                 continued
                 their
                 Courts
                 both
                 Forenoon
                 and
                 Afternoon
                 ,
                 from
                 Morning
                 till
                 Evening
                 without
                 dinner
                 or
                 intermission
                 ,
                 as
                 at
                 this
                 day
                 they
                 may
                 ,
                 and
                 often
                 do
                 ,
                 upon
                 great
                 Causes
                 :
                 tho'
                 being
                 risen
                 and
                 dining
                 ,
                 they
                 might
                 not
                 meet
                 again
                 ;
                 yet
                 might
                 they
                 not
                 sit
                 by
                 night
                 ,
                 or
                 use
                 candle
                 light
                 ,
                 6
                 
                   Quod
                   de
                   nocte
                   non
                   est
                   honestum
                   judicium
                   exercere
                   .
                
                 And
                 from
                 these
                 ancient
                 Rites
                 of
                 the
                 Church
                 and
                 Empire
                 is
                 our
                 Law
                 derived
                 ,
                 which
                 prohibiteth
                 our
                 
                 Jurours
                 ,
                 being
                 
                   Judices
                   de
                   facto
                
                 ,
                 to
                 have
                 meat
                 ,
                 drink
                 ,
                 fire
                 or
                 candle-light
                 ,
                 till
                 they
                 be
                 agreed
                 of
                 their
                 verdict
                 .
              
               
               
                 It
                 may
                 be
                 here
                 demanded
                 how
                 it
                 cometh
                 to
                 pass
                 ,
                 that
                 our
                 Judges
                 after
                 dinner
                 do
                 take
                 Assizes
                 and
                 
                   Nisi
                   prius
                
                 in
                 the
                 Guild-hall
                 of
                 London
                 ,
                 and
                 in
                 their
                 Circuits
                 ?
                 I
                 have
                 yet
                 no
                 other
                 answer
                 but
                 that
                 ancient
                 Institutions
                 are
                 discontinued
                 often
                 by
                 some
                 custom
                 grating
                 in
                 upon
                 them
                 ,
                 and
                 changed
                 often
                 by
                 some
                 later
                 Constitution
                 ,
                 of
                 which
                 kind
                 the
                 instances
                 aforesaid
                 seem
                 to
                 be
                 .
                 For
                 Assizes
                 were
                 ordained
                 many
                 ages
                 after
                 by
                 Henry
                 II.
                 as
                 appeareth
                 by
                 the
                 Charter
                 of
                 1
                 
                   Beverly
                   ,
                   Glanvil
                
                 and
                 
                   Radulphus
                   Niger
                
                 ;
                 and
                 
                   Nisi
                   prius
                
                 by
                 2
                 Edward
                 I.
                 in
                 the
                 Statutes
                 of
                 Westminster
                 2.
                 tho'
                 I
                 see
                 not
                 but
                 in
                 taking
                 of
                 them
                 the
                 ancient
                 course
                 might
                 have
                 been
                 continued
                 ,
                 if
                 haste
                 would
                 suffer
                 it
                 .
              
            
             
               
                 CHAP.
                 II.
                 
              
               
                 Why
                 they
                 sit
                 not
                 at
                 all
                 some
                 days
                 .
              
               
                 THough
                 there
                 be
                 many
                 days
                 in
                 the
                 Terms
                 ,
                 which
                 by
                 ancient
                 Constitutions
                 before
                 recited
                 are
                 exempted
                 from
                 Law-business
                 ,
                 as
                 those
                 of
                 the
                 Apostles
                 ,
                 &c.
                 and
                 that
                 the
                 3
                 Statute
                 of
                 Edw.
                 VI.
                 appointed
                 many
                 of
                 them
                 to
                 be
                 kept
                 holy-days
                 ,
                 as
                 dedicated
                 ,
                 not
                 unto
                 Saints
                 ,
                 but
                 unto
                 divine
                 worship
                 ,
                 which
                 we
                 also
                 at
                 this
                 day
                 retain
                 as
                 holy-days
                 :
                 Yet
                 do
                 not
                 the
                 high
                 Courts
                 forbear
                 sitting
                 in
                 any
                 of
                 them
                 ,
                 saving
                 on
                 the
                 feast
                 of
                 the
                 Purification
                 ,
                 the
                 Ascension
                 ,
                 St.
                 
                   John
                   Baptist
                   ,
                   All-Saints
                
                 ,
                 and
                 the
                 day
                 after
                 ,
                 (
                 tho'
                 not
                 a
                 feast
                 )
                 called
                 All-souls
                 .
                 When
                 the
                 others
                 lost
                 their
                 priviledge
                 and
                 came
                 to
                 be
                 Term-days
                 ,
                 I
                 cannot
                 find
                 ;
                 it
                 sufficeth
                 that
                 Custome
                 hath
                 repealed
                 them
                 by
                 confession
                 of
                 the
                 4
                 Canonists
                 .
                 Yet
                 it
                 seemeth
                 to
                 me
                 ,
                 there
                 is
                 matter
                 for
                 it
                 in
                 the
                 Constitutions
                 of
                 our
                 Church
                 ,
                 under
                 Islepe
                 Arch-bishop
                 of
                 Canterbury
                 ,
                 in
                 the
                 time
                 of
                 Edward
                 III.
                 For
                 tho'
                 many
                 ancient
                 Laws
                 and
                 the
                 Decretals
                 of
                 5
                 Gregory
                 IX
                 .
                 had
                 ordained
                 
                   Judicialem
                   strepitum
                   diebus
                   conquiescere
                   feriatis
                
                 ;
                 yet
                 in
                 a
                 Synod
                 then
                 holden
                 ,
                 wherein
                 all
                 the
                 holy-days
                 are
                 appointed
                 and
                 particularly
                 recited
                 ,
                 no
                 restraint
                 of
                 Judicature
                 or
                 
                   Forensis
                   strepitus
                
                 is
                 imposed
                 ,
                 but
                 a
                 cessation
                 only
                 
                   ab
                   universis
                   servilibus
                   operibus
                   ,
                   etiam
                   Reipublicae
                   utilibus
                   .
                
                 Which
                 tho'
                 it
                 be
                 in
                 the
                 phrase
                 that
                 God
                 himself
                 useth
                 touching
                 many
                 great
                 Feasts
                 ,
                 viz.
                 6
                 
                   Omne
                   servile
                   opus
                   non
                   facietis
                   in
                   iis
                   ,
                
                 yet
                 it
                 is
                 not
                 in
                 that
                 wherein
                 he
                 instituteth
                 the
                 seventh
                 day
                 to
                 be
                 the
                 Sabbath
                 ,
                 7
                 
                   Non
                   facies
                   omne
                   opus
                   in
                   eo
                   ,
                
                 without
                 servile
                 ,
                 Thou
                 shalt
                 do
                 no
                 manner
                 of
                 work
                 therein
                 .
                 Now
                 the
                 Act
                 of
                 Judicature
                 ,
                 and
                 of
                 hearing
                 and
                 determining
                 Controversies
                 is
                 not
                 
                   opus
                   servile
                
                 ,
                 but
                 
                   honoratum
                   &
                   plane
                   Regium
                
                 ,
                 and
                 so
                 not
                 within
                 the
                 prohibition
                 of
                 this
                 our
                 Canon
                 ,
                 which
                 being
                 the
                 latter
                 seemeth
                 to
                 qualifie
                 all
                 the
                 former
                 .
                 Yea
                 the
                 Canonists
                 and
                 Casuists
                 themselves
                 not
                 only
                 expound
                 
                   opus
                   servile
                
                 of
                 corporal
                 and
                 mechanick
                 labour
                 ,
                 but
                 admit
                 twenty
                 six
                 several
                 cases
                 ,
                 where
                 (
                 even
                 in
                 that
                 very
                 kind
                 )
                 dispensation
                 lieth
                 against
                 the
                 Canons
                 ,
                 and
                 by
                 much
                 more
                 reason
                 then
                 ,
                 with
                 this
                 in
                 question
                 .
                 It
                 may
                 be
                 said
                 that
                 this
                 Canon
                 consequently
                 giveth
                 liberty
                 to
                 hold
                 plea
                 and
                 Courts
                 ,
                 upon
                 other
                 Festivals
                 in
                 the
                 Vacations
                 .
                 I
                 confess
                 that
                 so
                 it
                 seemeth
                 ;
                 but
                 this
                 Canon
                 hath
                 no
                 power
                 to
                 alter
                 the
                 bounds
                 and
                 course
                 of
                 the
                 Terms
                 ,
                 which
                 before
                 were
                 settled
                 by
                 the
                 Statutes
                 of
                 the
                 Land
                 ,
                 so
                 that
                 in
                 that
                 point
                 it
                 wrought
                 nothing
                 .
              
               
                 
                 But
                 here
                 ariseth
                 another
                 question
                 ,
                 how
                 it
                 chanceth
                 that
                 the
                 Courts
                 sit
                 in
                 Easter-Term
                 upon
                 the
                 Rogation-days
                 ,
                 it
                 being
                 expresly
                 forbidden
                 by
                 the
                 Council
                 of
                 Medard
                 ,
                 and
                 by
                 the
                 intention
                 of
                 divers
                 other
                 Constitutions
                 ?
                 It
                 
                 seemeth
                 that
                 it
                 never
                 was
                 so
                 used
                 in
                 England
                 ,
                 or
                 at
                 least
                 not
                 for
                 many
                 ages
                 ,
                 especially
                 since
                 Gregory
                 IX
                 .
                 insomuch
                 that
                 among
                 the
                 days
                 wherein
                 he
                 prohibiteth
                 
                   Forensem
                   strepitum
                
                 ,
                 clamourous
                 pleading
                 ,
                 &c.
                 he
                 nameth
                 them
                 not
                 .
                 And
                 tho'
                 he
                 did
                 ,
                 yet
                 the
                 Glossographers
                 say
                 ,
                 that
                 a
                 Nation
                 may
                 by
                 Custom
                 erect
                 a
                 Feast
                 that
                 is
                 not
                 commanded
                 by
                 the
                 Canons
                 of
                 the
                 Church
                 .
                 1
                 
                   Et
                   eodem
                   modo
                   posset
                   ex
                   consuetudine
                   introduci
                   ,
                   quod
                   aliqua
                   quae
                   sunt
                   de
                   praecepto
                   non
                   essent
                   de
                   praecepto
                   ,
                   sicut
                   de
                   tribus
                   diebus
                   Rogationum
                   ,
                
                 &c.
                 
                 To
                 be
                 short
                 ,
                 I
                 find
                 no
                 such
                 priviledge
                 for
                 them
                 in
                 our
                 Courts
                 ,
                 as
                 that
                 they
                 should
                 be
                 exempt
                 from
                 suits
                 ;
                 tho'
                 we
                 admit
                 them
                 other
                 Church
                 rites
                 and
                 ceremonies
                 .
              
               
                 
                 We
                 must
                 now
                 (
                 if
                 we
                 can
                 )
                 shew
                 why
                 the
                 Courts
                 ,
                 sitting
                 upon
                 so
                 many
                 Ferial
                 and
                 holy-days
                 ,
                 do
                 forbear
                 to
                 sit
                 upon
                 some
                 others
                 ,
                 which
                 before
                 I
                 mention'd
                 ;
                 the
                 
                   Purification
                   ,
                   Ascension
                
                 ,
                 St.
                 
                   John
                   Baptist
                   ,
                   All-Saints
                
                 ,
                 &c.
                 
                 For
                 in
                 the
                 Synod
                 under
                 Islepe
                 before
                 mention'd
                 ,
                 no
                 prerogative
                 is
                 given
                 to
                 them
                 above
                 the
                 rest
                 ,
                 that
                 fall
                 in
                 the
                 Terms
                 ;
                 as
                 namely
                 ,
                 St.
                 Mark
                 and
                 St.
                 Philip
                 and
                 Jacob
                 ,
                 when
                 they
                 do
                 fall
                 in
                 Easter-Term
                 ,
                 St.
                 Peter
                 in
                 Trinity-Term
                 ,
                 *
                 St.
                 Luke
                 and
                 SS
                 .
                 Simon
                 and
                 Jude
                 in
                 Michaelmass-Term
                 .
                 It
                 may
                 be
                 said
                 ,
                 that
                 ,
                 although
                 the
                 Synod
                 did
                 only
                 prohibit
                 
                   Opera
                   servilia
                
                 to
                 be
                 done
                 on
                 Festival-days
                 ,
                 as
                 the
                 offence
                 most
                 in
                 use
                 at
                 that
                 time
                 ;
                 yet
                 did
                 it
                 not
                 give
                 licence
                 to
                 do
                 any
                 Act
                 that
                 was
                 formerly
                 prohibited
                 by
                 any
                 Law
                 or
                 Canon
                 .
                 And
                 therefore
                 if
                 by
                 colour
                 thereof
                 ,
                 or
                 any
                 former
                 use
                 (
                 which
                 is
                 like
                 enough
                 )
                 the
                 Courts
                 did
                 sit
                 on
                 lesser
                 Festivals
                 ,
                 yet
                 they
                 never
                 did
                 it
                 on
                 the
                 greater
                 ,
                 among
                 which
                 as
                 
                   majoris
                   cautelae
                   gratia
                
                 ,
                 those
                 
                   Opera
                   servilia
                
                 are
                 there
                 also
                 prohibited
                 to
                 be
                 done
                 on
                 
                   Easter-day
                   ,
                   Pentecost
                
                 ,
                 and
                 the
                 Sunday
                 it self
                 .
              
               
                 
                 Let
                 us
                 then
                 see
                 which
                 are
                 the
                 greater
                 Feasts
                 ,
                 and
                 by
                 what
                 merit
                 they
                 obtain
                 the
                 priviledge
                 ,
                 that
                 the
                 Courts
                 of
                 Justice
                 sit
                 not
                 on
                 them
                 .
                 As
                 for
                 Sunday
                 ,
                 we
                 shall
                 not
                 need
                 to
                 speak
                 of
                 it
                 ,
                 being
                 canonized
                 by
                 God
                 himself
                 .
                 As
                 for
                 Easter
                 and
                 Whitsunday
                 ,
                 they
                 fall
                 not
                 in
                 the
                 Terms
                 :
                 yet
                 I
                 find
                 a
                 Parliament
                 held
                 ,
                 or
                 at
                 least
                 begun
                 on
                 Whitsunday
                 .
                 But
                 touching
                 Feasts
                 in
                 general
                 ,
                 it
                 is
                 to
                 be
                 understood
                 ,
                 that
                 the
                 Canonists
                 ,
                 and
                 such
                 as
                 write
                 2
                 
                   De
                   Divinis
                   Officiis
                
                 ,
                 divide
                 them
                 into
                 three
                 sorts
                 ,
                 viz.
                 
                   Festa
                   in
                   totum
                   duplicia
                   ,
                   simpliciter
                   duplicia
                   ,
                   &
                   semiduplicia
                   .
                
                 And
                 they
                 call
                 them
                 duplicia
                 ,
                 or
                 double
                 Feasts
                 ,
                 for
                 that
                 all
                 ,
                 or
                 some
                 parts
                 of
                 the
                 service
                 ,
                 on
                 those
                 days
                 were
                 begun
                 
                   Voce
                   Duplici
                
                 ,
                 that
                 is
                 ,
                 by
                 two
                 singing-men
                 ;
                 whereas
                 on
                 other
                 days
                 all
                 was
                 done
                 by
                 one
                 .
                 Our
                 Cathedral
                 Churches
                 do
                 yet
                 observe
                 it
                 :
                 I
                 mean
                 not
                 to
                 stay
                 upon
                 it
                 :
                 look
                 the
                 3
                 Rationale
                 ;
                 which
                 Feasts
                 were
                 of
                 every
                 of
                 these
                 kinds
                 .
                 The
                 ordinary
                 Apostles
                 were
                 of
                 the
                 last
                 ,
                 and
                 therefore
                 our
                 Courts
                 made
                 bold
                 with
                 them
                 :
                 But
                 the
                 
                   Purification
                   ,
                   Ascension
                
                 ,
                 St.
                 
                   John
                   Baptist
                
                 ,
                 with
                 some
                 others
                 that
                 fall
                 not
                 in
                 the
                 Term
                 ,
                 were
                 of
                 the
                 first
                 ,
                 and
                 because
                 of
                 this
                 and
                 some
                 other
                 prerogatives
                 were
                 also
                 called
                 
                   Festa
                   Majora
                   ,
                   Festa
                   Principalia
                   ,
                   &
                   dies
                   novem
                   Lectionum
                   ,
                
                 ordinarily
                 ,
                 double
                 Feasts
                 ,
                 and
                 Grand
                 days
                 .
                 Mention
                 is
                 made
                 of
                 them
                 in
                 an
                 4
                 Ordinance
                 8.
                 
                 Edw.
                 III.
                 That
                 Writs
                 were
                 ordained
                 to
                 the
                 Bishops
                 ,
                 to
                 accurse
                 all
                 and
                 every
                 of
                 the
                 perturbers
                 of
                 the
                 Church
                 ,
                 &c.
                 every
                 Sunday
                 and
                 double
                 Feast
                 ,
                 &c.
                 
                 But
                 we
                 must
                 needs
                 shew
                 why
                 they
                 were
                 called
                 
                   Dies
                   novem
                   Lectionum
                
                 ;
                 for
                 so
                 our
                 old
                 
                   Pica
                   de
                   Sarum
                
                 styleth
                 them
                 ,
                 and
                 therein
                 lyeth
                 their
                 greatest
                 priviledge
                 .
                 After
                 the
                 Arian
                 Heresie
                 against
                 the
                 Trinity
                 ,
                 was
                 by
                 the
                 Fathers
                 of
                 that
                 time
                 most
                 powerfully
                 confuted
                 and
                 suppressed
                 ,
                 the
                 Church
                 in
                 memory
                 of
                 that
                 most
                 blessed
                 victory
                 ,
                 and
                 for
                 better
                 establishing
                 of
                 the
                 Orthodox
                 Faith
                 in
                 that
                 point
                 ,
                 did
                 ordain
                 ,
                 that
                 upon
                 divers
                 Festival-days
                 in
                 the
                 year
                 ,
                 a
                 particular
                 Lesson
                 touching
                 the
                 nature
                 of
                 the
                 Trinity
                 ,
                 besides
                 the
                 other
                 eight
                 ,
                 should
                 be
                 read
                 in
                 their
                 service
                 ,
                 with
                 rejoycing
                 and
                 thanksgiving
                 to
                 God
                 for
                 suppressing
                 that
                 horrible
                 Heresie
                 :
                 And
                 for
                 the
                 greater
                 solemnity
                 ,
                 some
                 5
                 Bishop
                 ,
                 or
                 the
                 chiefest
                 Clergy-man
                 present
                 ,
                 did
                 perform
                 that
                 duty
                 .
                 Thus
                 came
                 these
                 days
                 to
                 their
                 styles
                 aforesaid
                 ,
                 
                 and
                 to
                 be
                 honoured
                 with
                 extraordinary
                 Musick
                 ,
                 Church-service
                 ,
                 Robes
                 ,
                 Apparel
                 ,
                 Feasting
                 ,
                 &c.
                 with
                 a
                 particular
                 exemption
                 from
                 Law-Tryals
                 amongst
                 the
                 Normans
                 ,
                 who
                 therefore
                 kept
                 them
                 the
                 more
                 respectively
                 here
                 in
                 
                   England
                   :
                   Festa
                   enim
                   Trinitatis
                
                 (
                 saith
                 Belethus
                 )
                 
                   digniori
                   cultu
                   sunt
                   celebrandi
                
                 .
              
               
                 
                 In
                 France
                 they
                 have
                 two
                 sorts
                 of
                 Grand
                 days
                 ,
                 both
                 differing
                 from
                 ours
                 :
                 First
                 ,
                 they
                 call
                 them
                 ,
                 
                   Les
                   Grand
                   jours
                
                 ,
                 wherein
                 an
                 extraordinary
                 Sessions
                 is
                 holden
                 in
                 any
                 Circuit
                 ,
                 by
                 virtue
                 of
                 the
                 King's
                 Commission
                 directed
                 to
                 certain
                 Judges
                 of
                 Parliament
                 .
                 Secondly
                 ,
                 those
                 in
                 which
                 the
                 Peers
                 of
                 France
                 hold
                 once
                 or
                 twice
                 a
                 year
                 their
                 Courts
                 of
                 
                   Haught
                   Justice
                
                 ;
                 all
                 other
                 Courts
                 being
                 in
                 the
                 mean
                 time
                 silent
                 .
                 See
                 touching
                 these
                 ,
                 
                   Loyseau
                   De
                   Seigneures
                
                 .
              
               
                 
                 To
                 come
                 back
                 to
                 England
                 ,
                 and
                 our
                 own
                 Grand
                 days
                 ,
                 I
                 see
                 some
                 difference
                 in
                 accounting
                 of
                 them
                 :
                 Durandus
                 in
                 the
                 first
                 Chapter
                 of
                 his
                 seventh
                 Book
                 ,
                 reckoneth
                 the
                 
                   Purification
                   ,
                   Ascension
                
                 and
                 St.
                 
                   John
                   Baptist
                
                 to
                 be
                 Grand
                 days
                 ,
                 not
                 mentioning
                 All-Saints
                 ;
                 but
                 both
                 he
                 in
                 his
                 34
                 th
                 .
                 Chapter
                 ,
                 and
                 Belethus
                 in
                 his
                 —
                 do
                 call
                 it
                 
                   Festum
                   Maximum
                   &
                   Generale
                
                 ,
                 being
                 not
                 only
                 the
                 Feast
                 of
                 Apostles
                 and
                 Martyrs
                 ,
                 but
                 of
                 the
                 Trinity
                 ,
                 Angels
                 and
                 Confessours
                 ,
                 as
                 Durandus
                 termeth
                 it
                 .
                 And
                 that
                 honour
                 therefore
                 and
                 duty
                 
                   quod
                   in
                   singulis
                   valet
                   ,
                   potentius
                   valebit
                   in
                   conjunctis
                   .
                
                 As
                 for
                 the
                 Feast
                 of
                 All-Souls
                 ,
                 neither
                 Durandus
                 nor
                 Belethus
                 ,
                 nor
                 any
                 ancient
                 of
                 those
                 times
                 (
                 for
                 they
                 lived
                 almost
                 400.
                 years
                 since
                 )
                 do
                 record
                 it
                 for
                 a
                 Festival
                 .
                 But
                 our
                 Country-man
                 Walsingham
                 the
                 Monk
                 of
                 St.
                 Albans
                 saith
                 ,
                 that
                 Simon
                 Arch-bishop
                 of
                 Canterbury
                 in
                 the
                 year
                 1328.
                 at
                 a
                 Provincial
                 Council
                 holden
                 at
                 London
                 ,
                 did
                 ordain
                 ,
                 
                   Quod
                   die
                   Parasceue
                   &
                   in
                   commemoratione
                   Omnium
                   Animarum
                   ab
                   omni
                   servili
                   opere
                   cessaretur
                   .
                
                 Surely
                 he
                 mistook
                 it
                 ;
                 for
                 neither
                 is
                 it
                 so
                 mention'd
                 in
                 Lindewood
                 ,
                 reciting
                 that
                 Canon
                 ,
                 nor
                 in
                 the
                 ancient
                 Copy
                 of
                 the
                 Council
                 it self
                 ,
                 where
                 the
                 two
                 Feasts
                 canonized
                 by
                 him
                 are
                 the
                 Paresceue
                 and
                 the
                 Conception
                 of
                 the
                 
                   Blessed
                   Virgin.
                
                 Yet
                 doubtless
                 ,
                 whensoever
                 it
                 was
                 instituted
                 it
                 was
                 a
                 great
                 Feast
                 with
                 us
                 ,
                 tho'
                 no
                 where
                 else
                 .
                 For
                 the
                 old
                 
                   Breviarium
                   Eboracensis
                   Ecclesiae
                
                 ,
                 doth
                 not
                 only
                 set
                 it
                 down
                 in
                 the
                 Kalendar
                 for
                 a
                 double
                 Feast
                 ,
                 but
                 appointeth
                 after
                 ,
                 the
                 whole
                 service
                 ,
                 with
                 the
                 nine
                 Lessons
                 for
                 it
                 ,
                 as
                 a
                 Feast
                 of
                 the
                 Trinity
                 .
                 And
                 though
                 neither
                 the
                 Statute
                 of
                 Edward
                 VI.
                 nor
                 our
                 Church
                 at
                 this
                 day
                 do
                 receive
                 it
                 ;
                 yet
                 being
                 formerly
                 a
                 Vacation
                 day
                 (
                 as
                 it
                 seemeth
                 )
                 our
                 Judges
                 still
                 forbear
                 to
                 sit
                 upon
                 it
                 ,
                 as
                 not
                 hitherto
                 made
                 a
                 day
                 in
                 Courts
                 ,
                 tho'
                 deprived
                 of
                 Festival
                 rites
                 ,
                 and
                 therefore
                 neither
                 graced
                 with
                 Robes
                 nor
                 Feasting
                 .
              
               
                 
                 The
                 Feast
                 also
                 of
                 St.
                 Peter
                 and
                 Paul
                 on
                 the
                 29
                 th
                 .
                 of
                 June
                 was
                 a
                 double
                 feast
                 ,
                 yet
                 it
                 is
                 now
                 become
                 single
                 ,
                 and
                 our
                 Judges
                 sit
                 upon
                 it
                 .
                 I
                 confess
                 I
                 have
                 not
                 found
                 the
                 reason
                 ,
                 unless
                 that
                 by
                 Decanonizing
                 St.
                 Paul
                 and
                 so
                 leaving
                 St.
                 Peter
                 single
                 ,
                 we
                 allow
                 him
                 no
                 prerogative
                 above
                 the
                 other
                 Apostles
                 ,
                 lest
                 it
                 should
                 give
                 colour
                 for
                 his
                 Primacy
                 ;
                 for
                 to
                 St.
                 Paul
                 ,
                 as
                 one
                 born
                 out
                 of
                 time
                 ,
                 we
                 allow
                 no
                 Festival
                 ,
                 either
                 in
                 the
                 Statute
                 of
                 Edward
                 VI.
                 or
                 in
                 the
                 Almanacks
                 and
                 Kalendars
                 of
                 our
                 Church
                 .
                 And
                 why
                 St.
                 Peter
                 hath
                 it
                 not
                 is
                 the
                 more
                 observable
                 ,
                 for
                 that
                 he
                 not
                 only
                 is
                 deprived
                 of
                 the
                 ancient
                 rights
                 of
                 his
                 Apostleship
                 ,
                 contrary
                 to
                 the
                 Canons
                 (
                 as
                 the
                 other
                 are
                 ;
                 )
                 but
                 also
                 of
                 the
                 priviledge
                 given
                 him
                 in
                 that
                 place
                 by
                 Pope
                 Nicholas
                 the
                 2
                 d.
                 in
                 a
                 Bull
                 to
                 Edward
                 the
                 Confessour
                 ;
                 and
                 being
                 Patron
                 of
                 the
                 Paroche
                 and
                 Dedication
                 of
                 Westminster
                 ,
                 where
                 the
                 Terms
                 are
                 kept
                 ,
                 and
                 where
                 by
                 the
                 right
                 of
                 his
                 day
                 he
                 was
                 also
                 priviledged
                 from
                 Court
                 business
                 .
              
               
                 Other
                 Festivals
                 I
                 enquire
                 not
                 after
                 ,
                 as
                 of
                 St.
                 Dunstan
                 and
                 the
                 rest
                 that
                 stand
                 rubricate
                 in
                 old
                 Kalendars
                 ;
                 they
                 being
                 either
                 abrogated
                 by
                 old
                 Canons
                 of
                 our
                 own
                 Church
                 ,
                 or
                 the
                 Statute
                 of
                 Edward
                 VI.
                 whereof
                 I
                 must
                 note
                 by
                 the
                 way
                 that
                 I
                 find
                 it
                 repealed
                 by
                 Queen
                 Mary
                 ,
                 but
                 not
                 revived
                 by
                 Queen
                 Elizabeth
                 or
                 since
                 1
                 .
              
               
               
                 
                 I
                 am
                 carried
                 from
                 the
                 brevity
                 I
                 intended
                 ,
                 yet
                 all
                 this
                 lyeth
                 in
                 my
                 way
                 ;
                 nor
                 is
                 it
                 out
                 of
                 it
                 to
                 speak
                 a
                 word
                 of
                 St.
                 George's-day
                 ,
                 which
                 sometimes
                 falleth
                 in
                 Easter-Term
                 ,
                 and
                 is
                 kept
                 in
                 the
                 Court
                 Royal
                 with
                 great
                 solemnity
                 ,
                 but
                 not
                 in
                 the
                 Courts
                 Judicial
                 .
                 Tho'
                 he
                 stood
                 before
                 in
                 the
                 Kalendar
                 ,
                 and
                 was
                 the
                 English
                 Patron
                 of
                 elder
                 time
                 ,
                 yet
                 
                   H.
                   Chichley
                
                 Arch-bishop
                 of
                 Canterbury
                 gave
                 him
                 his
                 greatness
                 ,
                 by
                 Canonizing
                 his
                 day
                 to
                 be
                 as
                 a
                 double
                 Feast
                 and
                 Grand
                 day
                 ,
                 as
                 well
                 among
                 the
                 Clergy
                 as
                 Laity
                 ;
                 and
                 that
                 both
                 the
                 one
                 and
                 other
                 repairing
                 to
                 their
                 Churches
                 should
                 celebrate
                 it
                 (
                 as
                 Christmass-day
                 )
                 free
                 from
                 servile-work
                 ,
                 in
                 ardent
                 prayers
                 for
                 safety
                 of
                 the
                 King
                 and
                 Kingdom
                 .
                 The
                 occasion
                 of
                 this
                 Constitution
                 was
                 ,
                 to
                 excite
                 King
                 Henry
                 the
                 V.
                 being
                 upon
                 his
                 Expedition
                 for
                 Normandy
                 ;
                 and
                 tho'
                 this
                 ,
                 among
                 other
                 holy-days
                 ,
                 was
                 abolished
                 by
                 the
                 Statute
                 5.
                 and
                 6.
                 of
                 Edw.
                 VI.
                 yet
                 it
                 being
                 the
                 Festival
                 of
                 the
                 Knights
                 of
                 the
                 Garter
                 ,
                 it
                 was
                 provided
                 in
                 the
                 Statute
                 ,
                 
                   That
                   the
                   Knights
                   might
                   celebrate
                   it
                   on
                   the
                
                 22
                 d.
                 23
                 
                   d.
                   and
                
                 24
                 
                   th
                   .
                   of
                
                 April
                 .
                 Other
                 Feasts
                 there
                 were
                 of
                 this
                 nature
                 ;
                 as
                 that
                 of
                 St.
                 Wenefred
                 on
                 the
                 second
                 of
                 November
                 ,
                 which
                 is
                 in
                 effect
                 no
                 day
                 of
                 sitting
                 ,
                 but
                 applied
                 to
                 the
                 pricking
                 of
                 Sheriffs
                 .
              
               
                 These
                 are
                 vanished
                 ,
                 and
                 in
                 their
                 room
                 we
                 have
                 one
                 new
                 memorably
                 day
                 of
                 intermitting
                 Court
                 and
                 Law
                 business
                 for
                 a
                 little
                 in
                 the
                 morning
                 ,
                 whilst
                 the
                 Judges
                 in
                 their
                 Robes
                 go
                 solemnly
                 to
                 the
                 great
                 Church
                 at
                 Westminster
                 on
                 the
                 fifth
                 of
                 November
                 yearly
                 ,
                 to
                 give
                 God
                 thanks
                 for
                 our
                 great
                 delivery
                 from
                 the
                 Powder-Treason
                 ,
                 and
                 hear
                 a
                 Sermon
                 touching
                 it
                 ;
                 which
                 done
                 ,
                 they
                 return
                 to
                 their
                 Benches
                 .
                 The
                 Institution
                 hereof
                 is
                 by
                 Act
                 of
                 Parliament
                 Jacobi
                 ,
                 and
                 it
                 is
                 of
                 the
                 kind
                 of
                 those
                 Ferial
                 days
                 ,
                 which
                 being
                 ordained
                 by
                 the
                 Emperours
                 ,
                 not
                 by
                 the
                 Popes
                 ,
                 are
                 in
                 Canon
                 and
                 Civil
                 Law
                 called
                 
                   Dies
                   Feriati
                   repentini
                
                 .
                 I
                 will
                 go
                 no
                 farther
                 among
                 the
                 tedious
                 subtilties
                 of
                 distinguishing
                 of
                 days
                 ;
                 I
                 have
                 not
                 been
                 matriculated
                 in
                 the
                 Court
                 of
                 Rome
                 :
                 And
                 I
                 confess
                 I
                 neither
                 do
                 nor
                 can
                 explain
                 many
                 objections
                 and
                 contrarieties
                 that
                 may
                 be
                 gathered
                 in
                 these
                 passages
                 .
                 Some
                 Oedipus
                 or
                 Ariadne
                 must
                 help
                 me
                 out
                 .
              
            
             
               
                 CHAP.
                 III.
                 
              
               
                 Why
                 some
                 Law
                 business
                 may
                 be
                 done
                 on
                 days
                 exempted
                 .
              
               
                 IN
                 the
                 mean
                 time
                 let
                 us
                 see
                 ,
                 why
                 some
                 Law
                 business
                 may
                 be
                 done
                 on
                 days
                 exempted
                 ,
                 and
                 sometimes
                 on
                 Sunday
                 it self
                 ,
                 notwithstanding
                 any
                 thing
                 before
                 mentioned
                 .
              
               
                 For
                 as
                 in
                 Term-time
                 some
                 days
                 are
                 exempted
                 from
                 Term
                 business
                 ,
                 and
                 some
                 portion
                 of
                 the
                 day
                 from
                 sitting
                 in
                 Courts
                 ;
                 so
                 in
                 the
                 Vacation-time
                 and
                 days
                 exempted
                 ,
                 some
                 Law
                 business
                 may
                 be
                 performed
                 by
                 express
                 permission
                 of
                 the
                 Canon
                 Law
                 ,
                 according
                 to
                 that
                 of
                 the
                 1
                 Poet
                 in
                 the
                 Georgicks
                 ,
                 
                   
                     Quippe
                     etiam
                     Festis
                     quaedam
                     exercere
                     diebus
                  
                   
                     Fas
                     &
                     jura
                     sinunt
                     —
                  
                
                 The
                 Synod
                 of
                 Medard
                 admitteth
                 matters
                 
                   de
                   pace
                   &
                   concordia
                
                 ,
                 to
                 be
                 dispatched
                 both
                 on
                 holy
                 days
                 and
                 on
                 Sunday
                 it self
                 :
                 the
                 Laws
                 of
                 Hen.
                 I.
                 matters
                 of
                 Concord
                 and
                 doing
                 Fealty
                 to
                 the
                 Lord
                 :
                 the
                 decree
                 of
                 Gregory
                 IX
                 .
                 cases
                 of
                 necessity
                 and
                 doing
                 piety
                 ,
                 according
                 to
                 that
                 of
                 2
                 Prosper
                 ,
                 
                   
                   
                     Non
                     recto
                     servat
                     legalia
                     Sabbata
                     cultu
                     ,
                  
                   
                     Qui
                     pietatis
                     opus
                     credit
                     in
                     his
                     vetitum
                     .
                  
                
              
               
                 The
                 rule
                 is
                 verified
                 by
                 our
                 Saviour's
                 healing
                 on
                 the
                 Sabbath
                 .
                 Out
                 of
                 these
                 and
                 such
                 other
                 authorities
                 of
                 the
                 Laws
                 Ecclesiastical
                 and
                 Civil
                 ,
                 cited
                 in
                 the
                 Glosses
                 ,
                 the
                 Canonists
                 have
                 collected
                 these
                 Cases
                 ,
                 wherein
                 Judges
                 may
                 proceed
                 legally
                 upon
                 the
                 days
                 prohibited
                 ,
                 or
                 do
                 the
                 things
                 herein
                 following
                 .
              
               
                 For
                 matters
                 of
                 1
                 Peace
                 and
                 Concord
                 ,
                 by
                 reason
                 whereof
                 our
                 Judges
                 take
                 the
                 acknowledgement
                 of
                 
                   Fines
                   ,
                   Statutes
                   ,
                   Recognizances
                
                 ,
                 &c.
                 upon
                 any
                 day
                 ,
                 even
                 the
                 Sabbath-day
                 ,
                 (
                 tho'
                 it
                 were
                 better
                 then
                 forborn
                 ,
                 if
                 necessity
                 require
                 it
                 not
                 .
                 )
              
               
                 For
                 suppressing
                 of
                 Traitours
                 ,
                 Thieves
                 ,
                 and
                 notoriours
                 Offenders
                 ,
                 which
                 may
                 otherwise
                 trouble
                 the
                 peace
                 of
                 the
                 Common-wealth
                 ,
                 and
                 endanger
                 the
                 Kingdom
                 .
              
               
                 For
                 manumission
                 of
                 Bond-men
                 :
                 a
                 work
                 of
                 Piety
                 .
              
               
                 For
                 saving
                 that
                 which
                 otherwise
                 would
                 perish
                 :
                 a
                 work
                 of
                 Necessity
                 .
              
               
                 For
                 doing
                 that
                 ,
                 which
                 time
                 overslipt
                 ,
                 cannot
                 be
                 done
                 :
                 As
                 for
                 making
                 Appeals
                 within
                 the
                 time
                 limited
                 ,
                 &c.
                 
              
               
                 For
                 taking
                 the
                 benefit
                 of
                 a
                 Witness
                 that
                 otherwise
                 would
                 be
                 lost
                 ,
                 as
                 by
                 Death
                 ,
                 or
                 Departure
                 .
              
               
                 For
                 making
                 the
                 son
                 
                   sui
                   Juris
                
                 :
                 as
                 if
                 ,
                 amongst
                 us
                 ,
                 the
                 Lord
                 should
                 discharge
                 his
                 Ward
                 of
                 Wardship
                 .
                 All
                 which
                 are
                 expressed
                 in
                 these
                 Verses
                 ;
                 
                   
                     Haec
                     faciunt
                     causas
                     Festis
                     tractare
                     diebus
                     ,
                  
                   
                     Pax
                     ,
                     Scelus
                     admissum
                     ,
                     Manumissio
                     ,
                     Res
                     peritura
                     ,
                  
                   
                     Terminus
                     expirans
                     ,
                     mora
                     testis
                     abesse
                     volentis
                     ,
                  
                   
                     Cumque
                     potestatis
                     Patriae
                     jus
                     filius
                     exit
                     .
                  
                
              
               
                 Or
                 thus
                 according
                 to
                 
                   Panormitanus
                   ;
                   Ratione
                   Appellationis
                   ,
                   Pacis
                   ,
                   Necessitatis
                   ,
                   Celeritatis
                   ,
                   Pietatis
                   ,
                   Matrimonii
                   ,
                   Latrocinii
                   ,
                   &
                   ubicunque
                   in
                   mora
                   promptum
                   est
                   periculum
                   .
                
                 So
                 likewise
                 by
                 consent
                 of
                 parties
                 upon
                 
                   Dies
                   Feriati
                   minus
                   solennes
                
                 ,
                 viz.
                 Harvest
                 ,
                 Hay-seed
                 ,
                 &c.
                 as
                 we
                 have
                 said
                 before
                 .
                 And
                 divers
                 others
                 there
                 are
                 ,
                 whereof
                 see
                 the
                 2
                 Glosses
                 in
                 Gratian
                 ,
                 and
                 in
                 the
                 Chapter
                 Conquestus
                 ;
                 but
                 especially
                 the
                 Title
                 3
                 
                   De
                   Feriis
                   &
                   Dilationibus
                   in
                   ff
                   .
                
                 from
                 whence
                 most
                 of
                 the
                 premises
                 are
                 deduc'd
                 ▪
                 and
                 where
                 also
                 ,
                 by
                 a
                 Constitution
                 of
                 Trajan
                 ,
                 Military
                 business
                 may
                 be
                 done
                 
                   in
                   diebus
                   feriis
                
                 ,
                 and
                 at
                 all
                 times
                 .
                 4
                 Rescripsit
                 (
                 saith
                 the
                 Law
                 )
                 
                   ferias
                   tantum
                   à
                   forensibus
                   negotiis
                   dare
                   vacationem
                   ;
                   ea
                   tamen
                   quae
                   ad
                   disciplinam
                   militarem
                   pertinerent
                   ,
                   esse
                   feriatis
                   diebus
                   peragenda
                   .
                
                 Upon
                 these
                 reasons
                 ,
                 the
                 Admiral-Court
                 is
                 always
                 open
                 ;
                 for
                 that
                 strangers
                 and
                 Merchants
                 and
                 sea
                 ▪
                 faring-men
                 ,
                 must
                 take
                 the
                 opportunity
                 of
                 Tides
                 and
                 of
                 Winds
                 ,
                 and
                 other
                 necessities
                 ;
                 and
                 cannot
                 without
                 ruine
                 or
                 great
                 prejudice
                 attend
                 the
                 solemnity
                 of
                 Courts
                 and
                 dilatory
                 Pleadings
                 .
              
               
                 The
                 Marshal's
                 Court
                 also
                 for
                 Military
                 matters
                 ,
                 falleth
                 within
                 the
                 priviledge
                 granted
                 by
                 Trajan
                 :
                 yet
                 hath
                 it
                 observ'd
                 ,
                 as
                 near
                 as
                 conveniently
                 it
                 may
                 ,
                 the
                 Canons
                 of
                 the
                 Church
                 ;
                 as
                 forbearing
                 to
                 assign
                 battle
                 in
                 
                   Quadragesima
                   &
                   temporibus
                   prohibitis
                
                 .
                 And
                 so
                 lately
                 in
                 the
                 case
                 between
                 the
                 Lo.
                 Raye
                 and
                 Mr.
                 Ramesey
                 .
              
               
                 So
                 likewise
                 the
                 Chancery
                 ,
                 being
                 a
                 Court
                 of
                 piety
                 ,
                 is
                 said
                 to
                 be
                 always
                 open
                 :
                 but
                 I
                 take
                 this
                 to
                 be
                 understood
                 as
                 it
                 is
                 
                   Officina
                   brevium
                
                 and
                 
                   Consistorium
                   aequi
                   &
                   boni
                
                 ;
                 not
                 where
                 it
                 is
                 
                   Praetorium
                   Juris
                   communis
                
                 ,
                 and
                 proceedeth
                 in
                 course
                 of
                 the
                 Common
                 Law.
                 
              
               
                 As
                 for
                 the
                 Star-chamber
                 ,
                 it
                 is
                 in
                 lieu
                 of
                 that
                 which
                 was
                 in
                 ancient
                 time
                 the
                 Counsel-chamber
                 ,
                 and
                 
                   Specula
                   Regni
                
                 ,
                 the
                 watch-tower
                 of
                 the
                 Kingdom
                 :
                 where
                 the
                 Barons
                 and
                 other
                 of
                 the
                 King's
                 Counsel
                 us'd
                 to
                 meet
                 
                   ad
                   prospiciendam
                   fovendamque
                   Remp.
                
                 to
                 discover
                 ,
                 prevent
                 ,
                 and
                 suppress
                 all
                 dangers
                 and
                 enormities
                 occurrent
                 ,
                 and
                 to
                 provide
                 for
                 the
                 safety
                 and
                 good
                 of
                 the
                 Kingdom
                 .
                 It
                 
                 was
                 necessary
                 therefore
                 that
                 this
                 Session
                 should
                 not
                 only
                 be
                 daily
                 open
                 ,
                 but
                 (
                 as
                 is
                 said
                 of
                 the
                 house
                 of
                 Fame
                 )
                 1
                 
                   Nocte
                   dieque
                   patens
                
                 ;
                 for
                 an
                 evil
                 may
                 happen
                 in
                 the
                 night
                 that
                 would
                 be
                 too
                 late
                 to
                 prevent
                 in
                 the
                 morning
                 .
                 And
                 therefore
                 the
                 Statute
                 of
                 2
                 3.
                 
                 Henr.
                 VII
                 .
                 and
                 21.
                 
                 Henr.
                 VIII
                 .
                 enlarging
                 the
                 jurisdiction
                 hereof
                 ,
                 do
                 not
                 circumscribe
                 it
                 either
                 with
                 Term-time
                 or
                 days
                 of
                 sitting
                 .
              
            
             
               
                 CHAP.
                 IV.
                 
              
               
                 Why
                 the
                 end
                 of
                 Michaelmass-Term
                 is
                 sometimes
                 holden
                 in
                 Advent
                 ;
                 and
                 of
                 Hilary
                 ,
                 in
                 Septuagesima
                 ,
                 &c.
                 
              
               
                 BUt
                 the
                 Terms
                 sometimes
                 extend
                 themselves
                 into
                 the
                 days
                 of
                 the
                 Church
                 which
                 we
                 call
                 Vacation
                 ;
                 as
                 when
                 
                   Advent
                   Sunday
                
                 chanceth
                 on
                 the
                 27
                 th
                 .
                 of
                 November
                 ,
                 then
                 Michaelmass-Term
                 borroweth
                 the
                 day
                 after
                 out
                 of
                 Advent
                 ;
                 and
                 when
                 Septuagesima
                 followeth
                 suddenly
                 upon
                 the
                 Purification
                 ,
                 Hilary-Term
                 not
                 only
                 usurpeth
                 upon
                 it
                 and
                 Sexagesima
                 ,
                 (
                 which
                 by
                 the
                 precedent
                 of
                 the
                 Church
                 of
                 Rome
                 here
                 before
                 mention'd
                 it
                 may
                 do
                 ,
                 )
                 but
                 also
                 upon
                 
                   Quinquagesima
                   ,
                   Ash-wednesday
                
                 ,
                 and
                 Quadragesima
                 it self
                 ;
                 for
                 all
                 which
                 there
                 is
                 matter
                 enough
                 in
                 one
                 place
                 or
                 3
                 other
                 already
                 shewn
                 .
                 Yet
                 it
                 is
                 farther
                 countenanced
                 by
                 the
                 Statute
                 of
                 3.
                 
                 Edw.
                 I.
                 cap.
                 48.
                 where
                 it
                 is
                 thus
                 provided
                 ;
                 
                   Forasmuch
                   as
                   it
                   is
                   great
                   charity
                   to
                   do
                   right
                   unto
                   all
                   men
                   at
                   all
                   times
                   (
                   when
                   need
                   shall
                   be
                   ;
                   )
                   by
                   assent
                   of
                   all
                   the
                   Prelates
                   it
                   was
                   provided
                   ,
                   that
                   Assizes
                   of
                
                 Novel
                 Disseisin
                 ,
                 Mordauncester
                 ,
                 and
                 Darrain
                 Presentment
                 ,
                 
                   should
                   be
                   taken
                   in
                   Advent
                   ,
                   Septuagesima
                   and
                   Lent
                   ,
                   even
                   as
                   well
                   as
                   Inquests
                   may
                   be
                   taken
                   ,
                   and
                   that
                   at
                   the
                   special
                   request
                   of
                   the
                   King
                   made
                   unto
                   the
                   Bishops
                   .
                
                 Where
                 it
                 is
                 to
                 be
                 noted
                 ,
                 that
                 Inquisitions
                 might
                 be
                 taken
                 before
                 this
                 Statute
                 within
                 the
                 days
                 prohibited
                 ,
                 or
                 Church
                 time
                 ,
                 and
                 that
                 this
                 Licence
                 extended
                 but
                 to
                 the
                 particularities
                 therein
                 mentioned
                 .
              
            
             
               
                 CHAP.
                 V.
                 
              
               
                 Why
                 Assizes
                 be
                 holden
                 in
                 Lent.
                 
              
               
                 IT
                 seemeth
                 that
                 by
                 virtue
                 of
                 this
                 Statute
                 ,
                 or
                 some
                 other
                 particular
                 dispensation
                 from
                 the
                 Bishops
                 ,
                 Assizes
                 began
                 first
                 to
                 be
                 holden
                 in
                 Lent
                 ,
                 contrary
                 to
                 the
                 Canons
                 .
                 I
                 find
                 in
                 an
                 ancient
                 Manuscript
                 of
                 the
                 Monastery
                 
                 of
                 St.
                 Albans
                 a
                 dispensation
                 of
                 this
                 kind
                 ,
                 thus
                 entituled
                 ;
              
               
                 
                   
                     Licentia
                     concess
                     .
                     Justic
                     .
                     Reg.
                     de
                     Assis
                     .
                     tenend
                     .
                     sacro
                     tempore
                     non
                     obstante
                     .
                  
                   
                     Pateat
                     universis
                     per
                     praesentes
                     nos
                     Ricardum
                     (
                     miseratione
                     divina
                     )
                     Abbatem
                     Monasterii
                     Sancti
                     Albani
                     ,
                     licentiam
                     &
                     potestatem
                     authoritate
                     praesentium
                     dedisse
                     dilecto
                     nobis
                     in
                     Christo
                     Domino
                     
                       Johanni
                       Shardlow
                    
                     &
                     sociis
                     suis
                     Justic
                     .
                     Dom.
                     Regis
                     ,
                     Assisas
                     apud
                     Barnet
                     (
                     nostrae
                     jurisdictionis
                     exemptae
                     )
                     die
                     Lunae
                     proximo
                     ante
                     Festum
                     S.
                     Ambrosii
                     capiendi
                     juxta
                     formam
                     ,
                     vim
                     ,
                     &
                     effectum
                     brevis
                     Domini
                     Regis
                     inde
                     iis
                     directi
                     .
                     In
                     cujus
                     ,
                     &c.
                     Anno
                     Domini
                     ,
                     &c.
                     
                  
                   
                     
                       Sub
                       magno
                       Sigillo
                       .
                    
                  
                
              
               
               
                 Whether
                 this
                 was
                 before
                 or
                 after
                 the
                 Statute
                 ,
                 it
                 appeareth
                 not
                 ;
                 it
                 may
                 seem
                 before
                 ;
                 for
                 that
                 otherwise
                 it
                 needed
                 not
                 .
                 But
                 I
                 find
                 1
                 Shardlow
                 to
                 be
                 Justice
                 of
                 Oier
                 in
                 
                   Pickering
                   Forest
                
                 ,
                 17.
                 
                 Aug.
                 An.
                 8.
                 
                 Edw.
                 I.
                 If
                 it
                 were
                 after
                 ,
                 it
                 seemeth
                 the
                 Writ
                 to
                 the
                 Justices
                 extended
                 to
                 somewhat
                 out
                 of
                 the
                 Statute
                 ,
                 and
                 that
                 this
                 Licence
                 was
                 obtained
                 
                   in
                   majorem
                   cautelam
                
                 .
                 But
                 to
                 conclude
                 ;
                 hereby
                 it
                 appeareth
                 that
                 although
                 we
                 find
                 not
                 the
                 reasons
                 of
                 things
                 done
                 in
                 ancient
                 ages
                 ,
                 yet
                 nothing
                 was
                 done
                 against
                 the
                 Rules
                 of
                 the
                 Church
                 without
                 special
                 Licence
                 and
                 dispensation
                 *
                 .
                 The
                 Feast
                 of
                 St.
                 Ambrose
                 mentioned
                 in
                 the
                 Licence
                 was
                 on
                 the
                 fourth
                 of
                 April
                 ,
                 which
                 commonly
                 is
                 about
                 a
                 week
                 or
                 two
                 before
                 Easter
                 .
                 And
                 the
                 Abbat
                 of
                 St.
                 Alban
                 ,
                 having
                 exempt
                 jurisdiction
                 within
                 the
                 Province
                 of
                 Canterbury
                 ,
                 granteth
                 this
                 dispensation
                 to
                 hold
                 Assizes
                 
                   in
                   tempore
                   sacro
                
                 ,
                 as
                 the
                 Rubrick
                 explaineth
                 it
                 ,
                 lest
                 the
                 words
                 
                   [
                   nostrae
                   jurisdictionis
                   exemptae
                
                 ]
                 might
                 be
                 applied
                 to
                 some
                 layick
                 Franchise
                 :
                 I
                 assure
                 my self
                 there
                 are
                 many
                 of
                 this
                 kind
                 ,
                 if
                 they
                 might
                 come
                 to
                 light
                 .
                 And
                 as
                 they
                 granted
                 Licence
                 in
                 times
                 prohibited
                 ,
                 so
                 they
                 censur'd
                 such
                 as
                 offended
                 without
                 Licence
                 ;
                 as
                 appeareth
                 by
                 the
                 case
                 of
                 2
                 Sir
                 
                   Gilbert
                   Plumpton
                   An.
                
                 1184.
                 who
                 being
                 to
                 be
                 hang'd
                 at
                 Worcester
                 upon
                 the
                 Sunday
                 for
                 a
                 Rape
                 committed
                 by
                 him
                 ,
                 the
                 Bishop
                 prohibited
                 execution
                 for
                 that
                 day
                 upon
                 pain
                 of
                 Excommunication
                 ,
                 &c.
                 
              
            
             
               
                 CHAP.
                 VI.
                 
              
               
                 Of
                 the
                 Returns
                 .
              
               
                 OF
                 the
                 Returns
                 I
                 will
                 not
                 venture
                 to
                 speak
                 much
                 ,
                 but
                 nothing
                 at
                 all
                 of
                 Essoine
                 and
                 Exception-days
                 ,
                 for
                 that
                 draweth
                 nearer
                 to
                 the
                 faculty
                 of
                 Lawyers
                 ,
                 wherein
                 I
                 mean
                 not
                 to
                 be
                 too
                 busie
                 .
                 The
                 Returns
                 are
                 set
                 days
                 in
                 every
                 Term
                 appointed
                 to
                 the
                 Sheriff
                 ,
                 for
                 certifying
                 the
                 Courts
                 what
                 he
                 hath
                 done
                 ,
                 in
                 execution
                 of
                 the
                 Writs
                 he
                 received
                 from
                 them
                 .
                 And
                 I
                 take
                 it
                 ,
                 that
                 in
                 old
                 time
                 they
                 were
                 the
                 ordinary
                 days
                 set
                 to
                 the
                 Defendants
                 for
                 Appearance
                 ,
                 every
                 one
                 of
                 them
                 being
                 a
                 sennight
                 after
                 another
                 ,
                 to
                 the
                 end
                 that
                 the
                 Defendant
                 according
                 to
                 his
                 distance
                 from
                 the
                 place
                 where
                 he
                 was
                 to
                 appear
                 ,
                 might
                 have
                 one
                 ,
                 two
                 ,
                 three
                 ,
                 or
                 more
                 of
                 these
                 Returns
                 ,
                 that
                 is
                 ,
                 so
                 many
                 weeks
                 for
                 his
                 Appearance
                 ,
                 as
                 he
                 was
                 Counties
                 off
                 in
                 distance
                 from
                 the
                 Court
                 where
                 he
                 was
                 to
                 appear
                 .
                 This
                 is
                 verified
                 by
                 the
                 Law
                 of
                 3
                 Ethelred
                 the
                 Saxon
                 King
                 ,
                 in
                 case
                 of
                 vouching
                 upon
                 Trover
                 .
              
               
                 
                   Gif
                   he
                   cenne
                   ofer
                   an
                   scira
                   .
                   haebbe
                   an
                   ƿucena
                   fyrrst
                   ;
                   gif
                   he
                   cenne
                   ofer
                   tƿa
                   scira
                   .
                   haebbe
                   tƿa
                   ƿucena
                   fyrst
                   ;
                   gif
                   he
                   cenne
                   ofer
                   iii.
                   scira
                   .
                   haebbe
                   iii.
                   ƿucena
                   fyrst
                   ;
                   Ofer
                   eal
                   sƿa
                   fela
                   scira
                   .
                   sƿa
                   he
                   cenne
                   .
                   haebbe
                   sƿa
                   feala
                   ƿucena
                   fyrrt
                   ;
                   i.
                   e.
                   
                
                 
                   If
                   the
                   Vouchee
                   dwell
                   one
                   Shire
                   off
                   ,
                   let
                   him
                   at
                   first
                   have
                   one
                   week
                   ;
                   if
                   two
                   Shires
                   off
                   ,
                   let
                   him
                   have
                   two
                   weeks
                   ;
                   if
                   three
                   Shires
                   off
                   ,
                   let
                   him
                   have
                   three
                   weeks
                   ;
                   and
                   for
                   so
                   many
                   Shires
                   as
                   he
                   dwelleth
                   off
                   ,
                   let
                   him
                   have
                   so
                   many
                   weeks
                   .
                
              
               
                 
                   The
                   Law
                   of
                
                 4
                 Henry
                 
                   the
                   First
                   is
                   somewhat
                   more
                   particular
                
                 ;
                 Qui
                 residens
                 est
                 ad
                 domum
                 suam
                 ,
                 summoniri
                 debet
                 de
                 placito
                 quolibet
                 cum
                 testibus
                 .
                 Et
                 si
                 d●mi
                 [
                 non
                 ]
                 est
                 ,
                 idem
                 dicatur
                 vel
                 dapifero
                 ,
                 vel
                 denique
                 familiae
                 suae
                 libere
                 denuncietur
                 〈◊〉
                 in
                 eodem
                 Comitatu
                 sit
                 ,
                 inde
                 ad
                 septem
                 dies
                 terminum
                 habeat
                 ;
                 si
                 in
                 alia
                 Schira
                 ●it
                 ,
                 15.
                 dierum
                 terminum
                 habeat
                 ;
                 &
                 si
                 in
                 tertio
                 Comitatu
                 sit
                 ,
                 3.
                 
                 Hebdomadae
                 ;
                 〈◊〉
                 quarto
                 ,
                 quartae
                 Hebdomadae
                 ;
                 &
                 ultra
                 non
                 procedit
                 ubicunque
                 fuerit
                 in
                 Anglia
                 ,
                 〈◊〉
                 
                 competens
                 eum
                 detineat
                 *
                 soinius
                 ;
                 s●ultra
                 mare
                 est
                 6.
                 
                 Hebdomadas
                 habeat
                 &
                 unum
                 diem
                 ad
                 accessum
                 &
                 recessum
                 maris
                 ,
                 nisi
                 vel
                 occupatio
                 servitii
                 Regis
                 ,
                 vel
                 ipsius
                 aegritudo
                 ,
                 vel
                 tempestas
                 ,
                 vel
                 competens
                 aliquod
                 amplius
                 respectet
                 .
              
               
                 
                   The
                   Statute
                   of
                
                 1
                 Marlebridge
                 cap.
                 
                   12.
                   soundeth
                   to
                   this
                   purpose
                
                 ;
                 In
                 Assisis
                 autem
                 ultimae
                 praesentationis
                 &
                 in
                 placito
                 Quare
                 impedit
                 de
                 Ecclesiis
                 vacantibus
                 dentur
                 dies
                 de
                 Quindena
                 in
                 Quindenam
                 ,
                 vel
                 de
                 tribus
                 septimanis
                 in
                 tres
                 septimanas
                 ,
                 prout
                 locus
                 fuerit
                 propinquus
                 vel
                 remotus
                 .
                 
                   And
                   again
                   ,
                   Cap.
                   26.
                
                 
                 Sed
                 si
                 vocatus
                 ,
                 &c.
                 
                   (
                   ad
                   warrantum
                   coram
                   Justiciar
                   .
                   itinerantibus
                   )
                
                 fuerit
                 infra
                 Comitatum
                 ,
                 tunc
                 injungatur
                 Vicecomiti
                 ,
                 quod
                 ipsum
                 infra
                 tertium
                 diem
                 vel
                 quartum
                 (
                 secundum
                 locorum
                 distantiam
                 )
                 faciat
                 venire
                 sicut
                 in
                 itinere
                 Justiciar
                 .
                 fieri
                 consuevit
                 .
                 Et
                 si
                 extra
                 Comitatum
                 maneat
                 ,
                 tunc
                 rationabilem
                 habeat
                 Summonitionem
                 15.
                 dierum
                 ad
                 minus
                 secundum
                 discretionem
                 Justiciar
                 .
                 &
                 Legem
                 Communem
                 .
              
               
                 There
                 was
                 also
                 another
                 use
                 of
                 Returns
                 ,
                 as
                 appeareth
                 by
                 the
                 Reformed
                 Custumary
                 of
                 Normandy
                 ,
                 Artic.
                 the
                 10
                 th
                 .
                 Some
                 of
                 them
                 belonged
                 to
                 Pleas
                 of
                 Goods
                 and
                 Chattels
                 ,
                 which
                 we
                 call
                 personal
                 Actions
                 ,
                 as
                 those
                 of
                 Octab.
                 Some
                 to
                 Pleas
                 of
                 Land
                 ,
                 and
                 real
                 Actions
                 ,
                 as
                 those
                 of
                 Quindena
                 .
                 Pleas
                 of
                 Goods
                 and
                 Chattels
                 were
                 holden
                 from
                 Octabis
                 to
                 Octabis
                 ;
                 Pleas
                 of
                 land
                 not
                 sooner
                 than
                 from
                 Quindena
                 to
                 
                   Quindena
                   .
                   Nul
                   n'est
                   tenu
                   de
                   respondere
                   de
                   son
                   heretage
                   en
                   moindre
                   tems
                   que
                   de
                   quinzaine
                   in
                   quinzaine
                   .
                
                 The
                 more
                 solemn
                 Actions
                 had
                 the
                 more
                 solemn
                 Returns
                 ,
                 as
                 we
                 see
                 by
                 the
                 2
                 Stat.
                 of
                 
                   dies
                   communes
                   in
                   Banco
                
                 ,
                 which
                 I
                 leave
                 to
                 my
                 Masters
                 of
                 the
                 Law.
                 
              
               
                 I
                 will
                 not
                 speak
                 of
                 the
                 Returns
                 particularly
                 ,
                 more
                 than
                 that
                 Octab.
                 is
                 sometimes
                 reckon'd
                 by
                 seven
                 days
                 ,
                 sometimes
                 by
                 eight
                 ;
                 by
                 seven
                 days
                 ,
                 excluding
                 the
                 Feast
                 from
                 which
                 it
                 is
                 counted
                 ;
                 by
                 eight
                 ,
                 including
                 it
                 .
                 And
                 the
                 word
                 is
                 borrowed
                 from
                 the
                 Constitutions
                 of
                 the
                 Church
                 ,
                 where
                 the
                 seven
                 days
                 following
                 Easter
                 were
                 appointed
                 to
                 be
                 Ferial-days
                 (
                 as
                 we
                 have
                 shewed
                 before
                 )
                 in
                 imitation
                 of
                 the
                 seven
                 days
                 Azymorum
                 ,
                 following
                 the
                 Passover
                 in
                 
                 the
                 Levitical
                 Law.
                 But
                 in
                 this
                 manner
                 
                   Octab.
                   Trinitatis
                
                 always
                 includeth
                 nine
                 days
                 ,
                 reckoning
                 Trinity-Sunday
                 for
                 one
                 ,
                 by
                 reason
                 the
                 just
                 Octabis
                 falleth
                 on
                 the
                 Sunday
                 following
                 ;
                 which
                 being
                 no
                 day
                 in
                 Court
                 ,
                 putteth
                 off
                 the
                 Return
                 till
                 the
                 next
                 day
                 after
                 ,
                 making
                 Munday
                 always
                 taken
                 for
                 the
                 Octab.
                 unless
                 you
                 will
                 count
                 these
                 two
                 days
                 for
                 no
                 more
                 than
                 one
                 ,
                 as
                 the
                 Statute
                 
                   de
                   Anno
                   Bissextili
                
                 in
                 the
                 like
                 case
                 hath
                 ordained
                 ,
                 the
                 superfluous
                 day
                 in
                 the
                 Leap-year
                 (
                 call'd
                 Intercalaris
                 )
                 and
                 the
                 day
                 going
                 next
                 before
                 ,
                 to
                 be
                 accounted
                 but
                 one
                 day
                 .
                 It
                 is
                 here
                 to
                 be
                 noted
                 ,
                 that
                 although
                 the
                 Sundays
                 and
                 Grand-days
                 be
                 no
                 days
                 in
                 Court
                 ,
                 yet
                 they
                 are
                 numbred
                 among
                 the
                 days
                 of
                 Retourne
                 ,
                 according
                 to
                 the
                 Civil
                 Law
                 ,
                 3
                 
                   Feriae
                   autem
                   ,
                   sive
                   repentinae
                   sive
                   solennes
                   sint
                   ,
                   dilationum
                   temporibus
                   non
                   excipiantur
                   ,
                   sed
                   his
                   quoque
                   connumerentur
                   .
                
              
            
             
               
                 CHAP.
                 VII
                 .
              
               
                 
                   Of
                   the
                
                 Quarta
                 dies
                 post
                 .
              
               
                 TOuching
                 the
                 
                   Quarta
                   dies
                   post
                
                 allowed
                 to
                 the
                 Defendant
                 for
                 his
                 Appearance
                 after
                 the
                 day
                 of
                 Return
                 ,
                 it
                 is
                 derived
                 from
                 the
                 ancient
                 
                   Saxon
                   ,
                   Salique
                   ,
                   French
                
                 and
                 German
                 Laws
                 ,
                 where
                 it
                 was
                 ordained
                 ,
                 that
                 the
                 Plaintiff
                 should
                 
                   per
                   triduum
                   seu
                   amplius
                   adversarium
                   expectare
                   ,
                   usque
                   ad
                   occasum
                   solis
                
                 (
                 which
                 they
                 called
                 
                   Sol
                   Satire
                   ,
                
                 )
                 as
                 appeareth
                 abundantly
                 in
                 their
                 Laws
                 ,
                 and
                 in
                 the
                 Formular
                 of
                 Marculfus
                 ,
                 and
                 
                 Bignonius's
                 notes
                 upon
                 the
                 same
                 .
                 To
                 
                 which
                 also
                 may
                 be
                 added
                 that
                 which
                 occurreth
                 in
                 Gratian
                 Cap.
                 
                   Biduum
                   vel
                
                 
                 triduum
                 .
                 But
                 the
                 original
                 proceedeth
                 from
                 the
                 ancient
                 custom
                 of
                 the
                 Germans
                 
                 mentioned
                 by
                 Tacitus
                 ;
                 *
                 
                   Illud
                   ex
                   libertate
                   vitium
                   quod
                   non
                   simul
                   nec
                   jussi
                   conveniunt
                   ,
                   sed
                   &
                   alter
                   &
                   tertius
                   dies
                   cunctatione
                   coeuntium
                   absumitur
                   .
                
                 He
                 saith
                 ,
                 
                   ex
                   libertate
                
                 ,
                 because
                 that
                 to
                 come
                 at
                 a
                 peremptory
                 time
                 was
                 a
                 note
                 of
                 Servitude
                 ,
                 which
                 the
                 Germans
                 despised
                 .
                 It
                 is
                 very
                 observable
                 ,
                 that
                 King
                 Edw.
                 III.
                 calling
                 a
                 Great
                 Council
                 in
                 the
                 fifteenth
                 year
                 of
                 his
                 Reign
                 ,
                 wherein
                 were
                 assembled
                 divers
                 Bishops
                 and
                 twenty
                 two
                 Earls
                 and
                 Abbots
                 ;
                 he
                 appointeth
                 them
                 by
                 his
                 Writ
                 of
                 Summons
                 to
                 meet
                 at
                 London
                 ,
                 
                   die
                   Mercurii
                   proxime
                   post
                   festum
                   translationis
                   S.
                
                 Thomae
                 
                   Martyris
                   proximo
                   futura
                   —
                   vel
                   saltem
                   infra
                   tres
                   dies
                   ex
                   tunc
                   immediate
                   sequentes
                   ad
                   ultimam
                   .
                
                 The
                 Writ
                 carrieth
                 the
                 form
                 ,
                 phrase
                 ,
                 and
                 stile
                 of
                 a
                 Parliament-Writ
                 ;
                 but
                 in
                 this
                 point
                 of
                 
                   triduum
                   post
                
                 differeth
                 from
                 all
                 others
                 that
                 I
                 have
                 seen
                 .
                 Hear
                 the
                 Writ
                 it self
                 :
              
               
                 Rex
                 Ven.
                 in
                 Christo
                 R.
                 eadem
                 gratia
                 
                   Bathon
                   .
                   &
                   Wellens
                
                 .
                 Episcopo
                 salutem
                 .
                 Quia
                 super
                 quibusdam
                 arduis
                 &
                 urgentibus
                 negotiis
                 nos
                 &
                 statum
                 regni
                 nostri
                 Angliae
                 contigerit
                 vobiscum
                 &
                 cum
                 aliis
                 Praelat
                 .
                 ac
                 Magnatibus
                 dicti
                 regni
                 die
                 Mercurii
                 proximo
                 post
                 festum
                 Translationis
                 Sancti
                 Thomae
                 Martyris
                 proxime
                 futuri
                 apud
                 London
                 colloquium
                 habere
                 &
                 tractatum
                 :
                 Vobis
                 in
                 fide
                 &
                 dilectione
                 ,
                 quibus
                 nobis
                 tenemini
                 ,
                 mandamus
                 firmiter
                 injungentes
                 quod
                 quibuscunque
                 actionibus
                 cessantibus
                 ,
                 dictis
                 die
                 &
                 loco
                 ,
                 vel
                 saltem
                 infra
                 tres
                 dies
                 ex
                 tunc
                 immediate
                 sequent
                 .
                 ad
                 ultimam
                 personaliter
                 intersitis
                 nobiscum
                 ,
                 &
                 cum
                 dictis
                 Prelatis
                 &
                 Magnatibus
                 super
                 negotiis
                 praedictis
                 tractaturi
                 ,
                 vestrumque
                 Consilium
                 impensuri
                 .
                 Et
                 hoc
                 ,
                 sicut
                 nos
                 &
                 honorem
                 nostrum
                 ac
                 jurium
                 &
                 dicti
                 regni
                 nostri
                 commodum
                 diligitis
                 ,
                 nullo
                 modo
                 omittatis
                 .
                 Teste
                 Rege
                 apud
                 Turrim
                 
                   London
                   .
                   XII
                
                 .
                 die
                 Junii
                 .
              
               
                 
                   Per
                   ipsum
                   Regem
                   .
                
              
               
                 
                   ¶
                   Vide
                   plus
                   de
                   Returnis
                   ,
                   Ll.
                   
                     H.
                     II.
                  
                   cap.
                   59.
                   
                
              
            
             
               
                 CHAP.
                 VIII
                 .
              
               
                 Why
                 I
                 have
                 used
                 so
                 much
                 Canon
                 and
                 Foreign
                 Law
                 in
                 this
                 discourse
                 ,
                 with
                 an
                 excursion
                 into
                 the
                 Original
                 of
                 our
                 Law.
                 
              
               
                 I
                 Have
                 used
                 much
                 Canon
                 and
                 some
                 other
                 Foreign
                 Law
                 in
                 this
                 discourse
                 ,
                 yet
                 ,
                 I
                 take
                 it
                 ,
                 not
                 impertinently
                 ;
                 for
                 as
                 these
                 Western
                 Nations
                 are
                 ,
                 for
                 the
                 most
                 part
                 ,
                 deduced
                 from
                 the
                 Germans
                 ,
                 so
                 in
                 ancient
                 times
                 there
                 was
                 a
                 great
                 
                   〈◊〉
                   〈◊〉
                   〈◊〉
                   〈◊〉
                   〈◊〉
                
                 and
                 affinity
                 in
                 their
                 Laws
                 :
                 
                   
                     —
                     Facies
                     non
                     omnibus
                     una
                     ,
                  
                   
                     Nec
                     diversa
                     tamen
                     ,
                     qualem
                     decet
                     esse
                     sororum
                     .
                  
                
              
               
                 They
                 that
                 look
                 into
                 the
                 Laws
                 of
                 our
                 
                   English
                   Saxons
                
                 ,
                 of
                 the
                 
                   Saliques
                   ,
                   French
                   ,
                   Almayns
                   ,
                   Ripuarians
                   ,
                   Bavarians
                   ,
                   Longobards
                   ,
                
                 and
                 other
                 German
                 Nations
                 ,
                 about
                 800.
                 years
                 since
                 ,
                 shall
                 easily
                 find
                 it
                 .
                 Out
                 of
                 them
                 ,
                 and
                 other
                 Manners
                 ,
                 Rites
                 and
                 Customs
                 of
                 the
                 Saxons
                 and
                 Germans
                 is
                 the
                 first
                 part
                 and
                 foundation
                 of
                 our
                 Laws
                 ,
                 commonly
                 called
                 the
                 Laws
                 of
                 Edward
                 the
                 Confessour
                 ,
                 and
                 Common
                 Law.
                 Two
                 other
                 principal
                 parts
                 (
                 as
                 from
                 two
                 Pole-Stars
                 )
                 take
                 their
                 direction
                 from
                 the
                 Canon
                 Law
                 and
                 the
                 Law
                 of
                 our
                 brethren
                 the
                 Longobards
                 (
                 descending
                 of
                 Saxon
                 lineage
                 as
                 well
                 as
                 we
                 )
                 called
                 otherwise
                 the
                 Feodal-law
                 ,
                 received
                 generally
                 through
                 all
                 Europe
                 .
                 For
                 in
                 matters
                 concerning
                 the
                 Church
                 and
                 Church-men
                 ,
                 Advousons
                 ,
                 Patronage
                 ,
                 Presentations
                 ,
                 Legitimation
                 ,
                 Matrimony
                 ,
                 Wills
                 ,
                 Testaments
                 ,
                 Adultery
                 ,
                 Defamation
                 ,
                 Oaths
                 ,
                 Perjury
                 ,
                 Days
                 of
                 Law
                 ,
                 Days
                 of
                 Vacation
                 ,
                 wager
                 of
                 Law
                 ,
                 and
                 many
                 other
                 things
                 ,
                 it
                 proceeded
                 ,
                 sometimes
                 wholly
                 ,
                 sometimes
                 for
                 the
                 greater
                 part
                 ,
                 by
                 the
                 rules
                 
                 and
                 precepts
                 of
                 the
                 Canon
                 Law.
                 And
                 in
                 matters
                 touching
                 Inheritance
                 ,
                 Fees
                 ,
                 Tenures
                 by
                 Knights-service
                 ,
                 Rents
                 ,
                 Services
                 ,
                 Wards
                 ,
                 Marriage
                 of
                 Wards
                 ,
                 Reliefs
                 ,
                 Treason
                 ,
                 Pleas
                 of
                 the
                 Crown
                 ,
                 Escheats
                 ,
                 dower
                 of
                 the
                 third
                 part
                 ,
                 aids
                 ,
                 fines
                 ,
                 Felony
                 ,
                 Forfeiture
                 ,
                 Tryal
                 by
                 battel
                 ,
                 Essoine
                 ,
                 Warrantie
                 ,
                 &c.
                 from
                 the
                 Feodal
                 Law
                 chiefly
                 ;
                 as
                 those
                 that
                 read
                 the
                 books
                 of
                 those
                 Laws
                 collected
                 by
                 Obertus
                 and
                 Gerardus
                 may
                 see
                 apparently
                 .
                 Tho'
                 we
                 and
                 divers
                 other
                 Nations
                 (
                 according
                 as
                 befitteth
                 every
                 one
                 in
                 their
                 particular
                 respects
                 )
                 do
                 in
                 many
                 things
                 vary
                 from
                 them
                 ,
                 which
                 Obertus
                 confesseth
                 to
                 be
                 requisite
                 ,
                 and
                 to
                 happen
                 often
                 among
                 the
                 Longobards
                 themselves
                 .
                 I
                 do
                 marvel
                 many
                 times
                 ,
                 that
                 my
                 Lord
                 Cooke
                 ,
                 adorning
                 our
                 Law
                 with
                 so
                 many
                 flowers
                 of
                 Antiquity
                 and
                 foreign
                 Learning
                 ;
                 hath
                 not
                 (
                 as
                 I
                 suppose
                 )
                 turned
                 aside
                 into
                 this
                 field
                 ,
                 from
                 whence
                 so
                 many
                 roots
                 of
                 our
                 Law
                 ,
                 have
                 of
                 old
                 been
                 taken
                 and
                 transplanted
                 .
                 I
                 wish
                 some
                 worthy
                 Lawyer
                 would
                 read
                 them
                 diligently
                 ,
                 and
                 shew
                 the
                 several
                 heads
                 from
                 whence
                 these
                 of
                 ours
                 are
                 taken
                 .
                 They
                 beyond
                 the
                 Seas
                 are
                 not
                 only
                 diligent
                 but
                 very
                 curious
                 in
                 this
                 kind
                 ;
                 but
                 we
                 are
                 all
                 for
                 profit
                 and
                 
                   Lucrando
                   pane
                
                 ,
                 taking
                 what
                 we
                 find
                 at
                 Market
                 ,
                 without
                 enquiring
                 whence
                 it
                 came
                 .
              
               
                 Another
                 great
                 portion
                 of
                 our
                 Common
                 Law
                 is
                 derived
                 from
                 the
                 Civil
                 Law
                 ,
                 (
                 unless
                 we
                 will
                 say
                 that
                 the
                 Civil
                 Law
                 is
                 derived
                 from
                 ours
                 .
                 )
                 Dr.
                 Cowel
                 ,
                 who
                 hath
                 learnedly
                 travelled
                 in
                 comparing
                 and
                 parallelling
                 of
                 them
                 ,
                 affirmeth
                 ,
                 that
                 no
                 Law
                 of
                 any
                 Christian
                 Nation
                 whatsoever
                 ,
                 approacheth
                 nearer
                 to
                 the
                 Civil
                 Law
                 than
                 this
                 of
                 ours
                 .
                 (
                 His
                 meaning
                 is
                 no
                 
                   Municipal
                   Law.
                
                 )
                 Yet
                 he
                 saith
                 that
                 all
                 of
                 them
                 
                   generali
                   hujus
                   disciplinae
                   aequitate
                   temperantur
                   ,
                   &
                   quasi
                   condiuntur
                   .
                
                 Had
                 he
                 not
                 said
                 it
                 ,
                 his
                 book
                 it self
                 ,
                 intituled
                 
                   Institutiones
                   Juris
                   Anglicani
                   ad
                   methodum
                   &
                   seriem
                   Institutionum
                   Imperialium
                   compositae
                   &
                   digestae
                   ,
                
                 would
                 demonstrate
                 it
                 :
                 which
                 Bracton
                 also
                 above
                 300.
                 years
                 before
                 right
                 well
                 understanding
                 ,
                 not
                 only
                 citeth
                 the
                 Digests
                 and
                 Books
                 of
                 Civil
                 Law
                 in
                 many
                 places
                 for
                 warrant
                 of
                 our
                 Common
                 Law
                 ,
                 but
                 in
                 handling
                 our
                 Law
                 pursueth
                 the
                 method
                 ,
                 phrase
                 ,
                 and
                 matter
                 of
                 
                 Justinian's
                 Institutes
                 of
                 Civil
                 Law.
                 
              
               
                 When
                 and
                 how
                 these
                 several
                 parts
                 were
                 brought
                 into
                 our
                 Common
                 Law
                 ,
                 is
                 neither
                 easily
                 nor
                 definitively
                 to
                 be
                 expressed
                 .
                 Those
                 no
                 doubt
                 of
                 Canon
                 Law
                 ,
                 by
                 the
                 prevalency
                 of
                 the
                 Clergy
                 in
                 their
                 several
                 Ages
                 :
                 those
                 of
                 the
                 Feodal
                 by
                 military
                 Princes
                 ,
                 at
                 ,
                 and
                 shortly
                 after
                 the
                 Conquest
                 .
                 And
                 those
                 of
                 Civil
                 Law
                 ,
                 by
                 such
                 of
                 our
                 Reverend
                 Judges
                 and
                 Sages
                 of
                 ancient
                 time
                 ,
                 as
                 for
                 Justice
                 and
                 knowledge
                 sake
                 sought
                 instruction
                 thence
                 ,
                 when
                 they
                 found
                 no
                 rule
                 at
                 home
                 to
                 guide
                 their
                 judgements
                 by
                 .
                 For
                 I
                 suppose
                 they
                 in
                 those
                 days
                 judged
                 many
                 things
                 ,
                 
                   ex
                   aequo
                   &
                   bono
                
                 ,
                 and
                 that
                 their
                 judgements
                 after
                 (
                 as
                 
                   Responsa
                   Prudentium
                
                 among
                 the
                 Romans
                 ,
                 and
                 the
                 
                   Codex
                   Theodosianus
                
                 )
                 became
                 precedents
                 of
                 Law
                 unto
                 posterity
                 .
              
               
                 As
                 for
                 the
                 parts
                 given
                 unto
                 Common
                 Law
                 out
                 of
                 the
                 Constitutions
                 of
                 our
                 Kings
                 since
                 the
                 Conquest
                 ,
                 and
                 before
                 
                   Magna
                   Charta
                
                 ;
                 I
                 refer
                 them
                 (
                 as
                 they
                 properly
                 belong
                 )
                 to
                 our
                 Statute
                 Law
                 ,
                 tho'
                 our
                 Lawyers
                 do
                 reckon
                 them
                 ordinarily
                 for
                 common
                 Law.
                 
              
               
                 Among
                 these
                 various
                 heads
                 of
                 our
                 Law
                 ,
                 I
                 deduce
                 none
                 from
                 the
                 Scots
                 ;
                 yet
                 must
                 I
                 confess
                 that
                 if
                 those
                 Laws
                 of
                 theirs
                 ,
                 which
                 they
                 ascribe
                 to
                 Malcolm
                 the
                 Second
                 ,
                 who
                 lived
                 about
                 sixty
                 years
                 before
                 the
                 Conquest
                 ,
                 be
                 of
                 that
                 antiquity
                 ,
                 (
                 which
                 I
                 cannot
                 but
                 question
                 )
                 and
                 that
                 our
                 book
                 called
                 Glanvil
                 be
                 wholly
                 in
                 effect
                 and
                 verbatim
                 for
                 the
                 greatest
                 part
                 taken
                 out
                 of
                 the
                 book
                 of
                 their
                 Law
                 ,
                 called
                 
                   Regiam
                   Majestatem
                
                 ,
                 for
                 they
                 pretend
                 that
                 to
                 be
                 elder
                 than
                 our
                 Glanvil
                 ;
                 I
                 must
                 (
                 I
                 say
                 )
                 ingenuously
                 confess
                 ,
                 that
                 the
                 greatest
                 part
                 or
                 portion
                 of
                 our
                 Law
                 is
                 come
                 from
                 Scotland
                 ,
                 which
                 none
                 I
                 think
                 versed
                 either
                 in
                 story
                 or
                 antiquities
                 will
                 or
                 can
                 admit
                 .
              
               
                 To
                 come
                 therefore
                 to
                 the
                 point
                 ;
                 if
                 my
                 opinion
                 be
                 any
                 thing
                 ▪
                 I
                 think
                 the
                 foundation
                 of
                 our
                 Law
                 to
                 be
                 laid
                 by
                 our
                 German
                 Ancestours
                 ,
                 but
                 built
                 upon
                 and
                 polished
                 by
                 materials
                 taken
                 from
                 the
                 Canon
                 Law
                 and
                 Civil
                 Law.
                 And
                 
                 under
                 the
                 capacious
                 name
                 of
                 Germans
                 ,
                 I
                 not
                 only
                 intend
                 our
                 Saxons
                 ,
                 but
                 the
                 ancient
                 French
                 and
                 Saliques
                 ;
                 not
                 excluding
                 from
                 that
                 fraternity
                 the
                 Cimbrian
                 Nations
                 ,
                 
                   i.
                   e.
                
                 the
                 
                   Norwegians
                   ,
                   Danes
                
                 ,
                 and
                 Normans
                 .
                 And
                 let
                 it
                 not
                 more
                 mislike
                 us
                 to
                 take
                 our
                 Laws
                 from
                 the
                 noble
                 Germans
                 ,
                 a
                 prime
                 and
                 most
                 potent
                 people
                 ,
                 than
                 it
                 did
                 the
                 conquering
                 Romans
                 theirs
                 from
                 Greece
                 ,
                 or
                 the
                 learned
                 Grecians
                 theirs
                 from
                 the
                 Hebrews
                 .
              
               
                 
                 It
                 is
                 not
                 credible
                 that
                 the
                 Britains
                 should
                 be
                 the
                 Authors
                 of
                 them
                 ;
                 or
                 that
                 their
                 Laws
                 after
                 so
                 many
                 transmutations
                 of
                 people
                 and
                 government
                 ,
                 but
                 especially
                 after
                 the
                 expulsion
                 (
                 in
                 a
                 manner
                 )
                 of
                 their
                 Nation
                 ,
                 or
                 at
                 least
                 of
                 their
                 Nobility
                 ,
                 Gentry
                 and
                 Free-men
                 ,
                 the
                 abolishing
                 of
                 their
                 Language
                 ,
                 and
                 the
                 cessation
                 of
                 all
                 commerce
                 with
                 them
                 ,
                 and
                 an
                 hereditary
                 hostility
                 settl'd
                 between
                 these
                 Nations
                 ;
                 that
                 after
                 all
                 this
                 (
                 I
                 say
                 )
                 they
                 should
                 remain
                 or
                 be
                 taken
                 up
                 by
                 the
                 conquering
                 enemy
                 ,
                 who
                 scarcely
                 suffered
                 one
                 Town
                 in
                 a
                 County
                 to
                 be
                 called
                 as
                 they
                 named
                 it
                 ,
                 or
                 one
                 British
                 word
                 almost
                 ,
                 (
                 that
                 I
                 yet
                 have
                 learned
                 )
                 to
                 creep
                 into
                 their
                 Language
                 .
                 Admit
                 that
                 much
                 of
                 their
                 servile
                 and
                 base
                 people
                 remained
                 behind
                 them
                 ,
                 pleased
                 perhaps
                 as
                 well
                 with
                 their
                 new
                 Lords
                 as
                 with
                 their
                 old
                 ;
                 can
                 we
                 think
                 that
                 the
                 Saxons
                 should
                 take
                 either
                 Laws
                 or
                 Manners
                 ,
                 or
                 form
                 of
                 Government
                 ,
                 from
                 these
                 base
                 and
                 servile
                 people
                 ?
                 I
                 would
                 not
                 blemish
                 the
                 least
                 feather
                 of
                 the
                 British
                 honour
                 ;
                 but
                 I
                 must
                 follow
                 the
                 truth
                 ,
                 tho'
                 it
                 rubb
                 upon
                 the
                 apple
                 of
                 their
                 eye
                 .
                 What
                 I
                 have
                 said
                 ,
                 appeareth
                 not
                 only
                 by
                 
                   Bede
                   ,
                   (
                   Lib.
                
                 1.
                 cap.
                 15.
                 )
                 but
                 by
                 their
                 own
                 Historians
                 .
                 Bede
                 having
                 spoken
                 of
                 their
                 most
                 miserable
                 extirpation
                 throughout
                 the
                 whole
                 Land
                 ,
                 saith
                 ,
                 
                   Itaque
                   nonnulli
                   de
                   miserandis
                   reliquiis
                
                 .....
                 And
                 the
                 chiefest
                 monument
                 of
                 British
                 Antiquity
                 ,
                 (
                 written
                 in
                 the
                 British
                 tongue
                 ,
                 and
                 brought
                 about
                 500.
                 years
                 since
                 out
                 of
                 
                   Britannia
                   Armorica
                
                 by
                 Walter
                 Arch-deacon
                 of
                 Oxenford
                 ,
                 and
                 in
                 those
                 days
                 translated
                 into
                 Latin
                 by
                 Monumethensis
                 )
                 doth
                 report
                 that
                 in
                 the
                 days
                 of
                 Cadualladur
                 ,
                 the
                 land
                 was
                 so
                 afflicted
                 with
                 discord
                 ,
                 sloth
                 ,
                 pestilence
                 and
                 famine
                 ,
                 that
                 Miserae
                 (
                 Britannorum
                 )
                 
                   reliquiae
                   patriam
                   ,
                   factis
                   agminibus
                   ,
                   diffugientes
                   ,
                   transmarinas
                   petebant
                   regiones
                   ,
                   cum
                   ululatu
                   magno
                   sub
                   velorum
                   funibus
                   hoc
                   modo
                   cantantes
                   ;
                   Dedisti
                   nos
                   tanquam
                   oves
                   escarum
                   ,
                   in
                   gentibus
                   dispersisti
                   nos
                   ,
                
                 &c.
                 Ps
                 .
                 43.
                 13.
                 
                 And
                 Cadualladur
                 himself
                 there
                 complaineth
                 fleeing
                 into
                 Armorica
                 ,
                 whence
                 he
                 never
                 returned
                 ,
                 Incumbit
                 [
                 divinae
                 ]
                 
                   illius
                   ergo
                   potestatis
                   ultio
                   ,
                   quae
                   nos
                   ex
                   natali
                   solo
                   extirpat
                   ;
                   quos
                   nec
                   olim
                   Romani
                   ,
                   nec
                   deinde
                   Scotti
                   ,
                   vel
                   Picti
                   ,
                   nec
                   versutae
                   proditiones
                   exterminare
                   quiverunt
                   .
                
                 And
                 the
                 Author
                 going
                 on
                 ,
                 sheweth
                 ,
                 that
                 the
                 Land
                 was
                 so
                 universally
                 destitute
                 of
                 British
                 Inhabitants
                 ,
                 that
                 the
                 Saxons
                 (
                 which
                 were
                 already
                 seated
                 here
                 )
                 inform'd
                 their
                 Country-men
                 beyond
                 Seas
                 of
                 these
                 desolate
                 Territories
                 ,
                 inviting
                 them
                 to
                 come
                 and
                 possess
                 them
                 .
                 
                   Quod
                   cum
                   ipsis
                   indicatum
                   fuisset
                
                 (
                 saith
                 the
                 Author
                 )
                 
                   nefandus
                   populus
                   ille
                   ,
                   collecta
                   innumerabili
                   multitudine
                   virorum
                   &
                   mulierum
                   ,
                   applicuit
                   in
                   partibus
                
                 Northanhumbriae
                 ,
                 &
                 
                   desolatas
                   Provincias
                   ab
                   Albania
                
                 (
                 i.
                 e.
                 Scotia
                 )
                 
                   usque
                   ad
                   Cornubiam
                
                 (
                 Cornwall
                 )
                 
                   inhabitavit
                   .
                   Non
                   enim
                   aderat
                   habitator
                   qui
                   prohiberet
                   ,
                   praeter
                   pauperculas
                   Britonum
                   reliquias
                   quae
                   superfuerant
                   ,
                   quae
                   infra
                   abdita
                   nemorum
                   in
                   Gualiis
                   commanebant
                   .
                   Ab
                   illo
                   tempore
                   ,
                   potestas
                   Britonum
                   in
                   Insula
                   cessavit
                   ,
                
                 &
                 Angli
                 
                   regnare
                   coeperunt
                
                 *
                 Their
                 History
                 of
                 Cambria
                 (
                 written
                 also
                 in
                 their
                 own
                 Welch
                 language
                 ,
                 about
                 250.
                 years
                 since
                 ,
                 and
                 translated
                 into
                 English
                 by
                 their
                 Country-man
                 and
                 greatest
                 Antiquary
                 
                   Humf.
                   Lhoyd
                
                 )
                 doth
                 acknowledge
                 ,
                 that
                 after
                 Cadwallader's
                 departure
                 ,
                 there
                 remain'd
                 none
                 of
                 his
                 Nation
                 ,
                 but
                 certain
                 poor
                 Britains
                 that
                 liv'd
                 by
                 roots
                 in
                 rocks
                 and
                 woods
                 .
                 And
                 that
                 the
                 
                   Saxons
                   ,
                   Angles
                
                 ,
                 and
                 Juthes
                 (
                 that
                 is
                 to
                 say
                 ,
                 Goths
                 )
                 being
                 then
                 call'd
                 in
                 by
                 such
                 of
                 their
                 Country-men
                 that
                 were
                 there
                 before
                 ,
                 did
                 come
                 in
                 great
                 numbers
                 ;
                 and
                 dividing
                 this
                 Land
                 into
                 divers
                 Territories
                 and
                 Kingdoms
                 ,
                 did
                 inhabit
                 all
                 the
                 Cities
                 ,
                 Towns
                 ,
                 Castles
                 ,
                 and
                 Villages
                 ,
                 which
                 the
                 Britains
                 had
                 builded
                 ,
                 rules
                 ,
                 and
                 inhabited
                 ,
                 by
                 the
                 space
                 of
                 1827.
                 years
                 .
                 Let
                 the
                 Reader
                 now
                 judge
                 ,
                 whether
                 it
                 be
                 likely
                 ,
                 that
                 the
                 scrupulous
                 Nation
                 of
                 the
                 Saxons
                 either
                 did
                 ,
                 or
                 could
                 by
                 any
                 probable
                 means
                 take
                 any
                 Laws
                 from
                 the
                 poor
                 reliques
                 of
                 the
                 Britains
                 .
              
               
               
                 *
                 When
                 the
                 Romans
                 conquer'd
                 this
                 Land
                 ,
                 they
                 neither
                 remov'd
                 the
                 Inhabitants
                 nor
                 brought
                 any
                 Foreigners
                 upon
                 them
                 ,
                 other
                 than
                 (
                 to
                 govern
                 and
                 keep
                 them
                 in
                 obedience
                 )
                 some
                 Legions
                 of
                 Souldiers
                 and
                 small
                 Colonies
                 .
                 Yet
                 that
                 they
                 made
                 an
                 alteration
                 of
                 their
                 Laws
                 ,
                 we
                 may
                 see
                 in
                 the
                 Scripture
                 by
                 the
                 example
                 of
                 Judaea
                 .
                 For
                 tho'
                 Pompey
                 obtained
                 the
                 Kingdom
                 there
                 ,
                 rather
                 by
                 the
                 confederacy
                 with
                 Hyrcanus
                 ,
                 than
                 by
                 right
                 of
                 Conquest
                 ,
                 (
                 and
                 therefore
                 suffer'd
                 them
                 to
                 enjoy
                 their
                 rites
                 of
                 Religion
                 ,
                 with
                 the
                 liberties
                 of
                 most
                 of
                 their
                 Cities
                 ;
                 )
                 yet
                 it
                 being
                 reduced
                 into
                 a
                 Province
                 (
                 as
                 this
                 of
                 ours
                 was
                 )
                 their
                 laws
                 were
                 so
                 changed
                 ,
                 as
                 by
                 their
                 own
                 confession
                 ,
                 John
                 18.
                 31.
                 
                 
                   It
                   was
                   not
                   lawful
                   for
                   them
                   to
                   put
                   any
                   man
                   to
                   death
                   .
                
                 Therefore
                 our
                 Saviour
                 and
                 the
                 two
                 Thieves
                 were
                 judged
                 ,
                 and
                 suffer'd
                 upon
                 the
                 cross
                 after
                 the
                 Roman
                 manner
                 ,
                 not
                 according
                 to
                 the
                 laws
                 of
                 the
                 Jews
                 ,
                 (
                 for
                 their
                 law
                 never
                 inflicted
                 the
                 cross
                 upon
                 any
                 offender
                 )
                 and
                 the
                 punishment
                 of
                 blasphemy
                 wherewith
                 they
                 charged
                 Christ
                 ,
                 was
                 stoning
                 ;
                 (
                 In
                 which
                 course
                 ,
                 they
                 once
                 in
                 a
                 fury
                 were
                 about
                 to
                 put
                 him
                 to
                 death
                 ,
                 Joh.
                 10.
                 31.
                 
                 )
                 and
                 the
                 punishment
                 of
                 Theft
                 a
                 Quadruple
                 Restitution
                 ,
                 or
                 bondage
                 in
                 default
                 thereof
                 .
                 As
                 for
                 the
                 stoning
                 of
                 Stephen
                 ,
                 it
                 was
                 not
                 judicial
                 but
                 tumultuous
                 ,
                 an
                 act
                 of
                 fury
                 ,
                 and
                 against
                 Law
                 :
                 In
                 which
                 course
                 they
                 meant
                 also
                 to
                 have
                 murthered
                 St.
                 Paul
                 ,
                 had
                 not
                 Lysias
                 prevented
                 them
                 ,
                 by
                 sending
                 him
                 to
                 his
                 legal
                 tryal
                 ,
                 Caesar's
                 judgement
                 Seat.
                 Wherein
                 it
                 is
                 further
                 to
                 be
                 observ'd
                 ,
                 that
                 even
                 then
                 ,
                 offences
                 committed
                 about
                 the
                 very
                 judicial
                 Law
                 ,
                 and
                 Religion
                 it self
                 ,
                 was
                 also
                 under
                 the
                 cognizance
                 of
                 the
                 Roman
                 Judge
                 .
                 For
                 even
                 that
                 self
                 same
                 cause
                 ,
                 wherein
                 Paul
                 stood
                 accus'd
                 before
                 Festus
                 (
                 as
                 Festus
                 himself
                 reporteth
                 it
                 )
                 Acts
                 25.
                 19.
                 
                 [
                 was
                 ]
                 Touching
                 questions
                 of
                 their
                 own
                 Religion
                 .
              
               
                 By
                 this
                 ,
                 we
                 may
                 conceive
                 ,
                 how
                 the
                 Romans
                 dealt
                 with
                 the
                 Britains
                 touching
                 their
                 Laws
                 ;
                 and
                 the
                 story
                 of
                 St.
                 Alhan
                 and
                 St.
                 Amphibalus
                 somewhat
                 sheweth
                 it
                 .
                 Where
                 ,
                 according
                 to
                 the
                 Roman
                 manner
                 ,
                 St.
                 Alban
                 was
                 convened
                 before
                 the
                 Roman
                 Judge
                 by
                 Souldiers
                 not
                 by
                 civil
                 Officers
                 ,
                 and
                 before
                 his
                 Execution
                 whipp'd
                 (
                 as
                 Pilate
                 us'd
                 our
                 Saviour
                 )
                 and
                 then
                 deliver'd
                 to
                 the
                 Souldiers
                 to
                 be
                 beheaded
                 .
                 
                   Bed.
                   Lib.
                
                 1.
                 ca.
                 7.
                 
              
               
                 1
                 But
                 what
                 Laws
                 soever
                 the
                 Romans
                 us'd
                 in
                 Britain
                 ;
                 the
                 Saxons
                 doubtless
                 swept
                 them
                 all
                 away
                 with
                 the
                 British
                 Nation
                 .
                 Otherwise
                 than
                 that
                 in
                 composing
                 
                 Laws
                 for
                 the
                 government
                 of
                 their
                 people
                 ,
                 after
                 they
                 had
                 receiv'd
                 Christianity
                 from
                 the
                 Roman
                 Clergy
                 ,
                 they
                 might
                 perhaps
                 (
                 by
                 their
                 advice
                 )
                 take
                 somewhat
                 also
                 from
                 the
                 Roman
                 Law.
                 Which
                 Beda
                 seemeth
                 to
                 avouch
                 ,
                 Lib.
                 2.
                 ca.
                 5.
                 speaking
                 of
                 the
                 acts
                 of
                 Ethelbert
                 the
                 first
                 Christian
                 Saxon
                 King
                 :
                 
                   Qui
                   inter
                   caetera
                   bona
                   quae
                   genti
                   suae
                   conferebat
                   ;
                   etiam
                   decreta
                   illi
                   judiciorum
                   ,
                   juxta
                   exempla
                   Romanorum
                   ,
                   cum
                   consilio
                   sapientum
                   constituit
                   .
                
                 What
                 Beda
                 meant
                 by
                 the
                 words
                 
                   Juxta
                   exempla
                   Romanorum
                
                 ,
                 is
                 not
                 perspicuous
                 .
                 As
                 ,
                 whether
                 his
                 meaning
                 was
                 ,
                 that
                 he
                 made
                 positive
                 Decrees
                 ,
                 as
                 the
                 Romans
                 had
                 done
                 ,
                 for
                 the
                 government
                 of
                 his
                 people
                 ?
                 or
                 ,
                 that
                 in
                 making
                 his
                 Decrees
                 ,
                 he
                 took
                 the
                 sum
                 and
                 manner
                 of
                 them
                 from
                 the
                 Romans
                 ?
                 This
                 doubt
                 we
                 shall
                 easily
                 resolve
                 ,
                 by
                 that
                 which
                 followeth
                 in
                 Bede
                 himself
                 :
                 Quae
                 (
                 decreta
                 )
                 
                   conscripta
                   Anglorum
                   sermone
                   ,
                   hactenus
                   habentur
                   &
                   observantur
                   ab
                   ea
                   .
                   In
                   quibus
                   primitus
                   posuit
                   ,
                   qualiter
                   id
                   emendare
                   deberet
                   ,
                   qui
                   aliquid
                   rerum
                   vel
                   Ecclesiae
                   ,
                   vel
                   Episcopi
                   ,
                   vel
                   reliquorum
                   ordinum
                   furto
                   auferret
                   ,
                   volens
                   scil
                   .
                   tuitionem
                   eis
                   ,
                   quos
                   &
                   quorum
                   doctrinam
                   susceperat
                   ,
                   praestare
                   .
                
                 And
                 to
                 say
                 truth
                 ,
                 this
                 that
                 Bede
                 here
                 doth
                 mention
                 touching
                 the
                 protection
                 of
                 the
                 Clergy
                 ,
                 is
                 the
                 chiefest
                 matter
                 in
                 them
                 that
                 he
                 taketh
                 from
                 the
                 Romans
                 ,
                 as
                 namely
                 ,
                 from
                 their
                 Canons
                 not
                 from
                 their
                 Civil
                 Law.
                 For
                 the
                 secular
                 part
                 of
                 those
                 his
                 Decrees
                 differ
                 far
                 from
                 those
                 of
                 the
                 Romans
                 ,
                 as
                 by
                 the
                 Saxon
                 copy
                 of
                 them
                 (
                 which
                 I
                 my self
                 have
                 to
                 shew
                 )
                 appeareth
                 plainly
                 .
                 But
                 to
                 conclude
                 this
                 point
                 ;
                 whatsoever
                 in
                 them
                 savoureth
                 of
                 the
                 Roman
                 law
                 ,
                 be
                 it
                 Canon
                 or
                 Civil
                 ,
                 it
                 doubtless
                 was
                 inserted
                 by
                 his
                 Roman
                 Clergy
                 ,
                 being
                 then
                 a
                 principal
                 part
                 of
                 the
                 King's
                 Council
                 ,
                 (
                 as
                 the
                 Clergy
                 was
                 afterward
                 in
                 all
                 ages
                 .
                 )
                 And
                 of
                 them
                 chiefly
                 ,
                 I
                 suppose
                 that
                 to
                 be
                 meant
                 which
                 Bede
                 mentioneth
                 ,
                 
                   Cum
                   consilio
                   sapientum
                   constituit
                
                 .
                 We
                 find
                 among
                 the
                 Saxons
                 ,
                 the
                 example
                 and
                 the
                 reason
                 ,
                 why
                 our
                 common
                 Law
                 was
                 
                   〈◊〉
                   〈◊〉
                   〈◊〉
                   〈◊〉
                   〈◊〉
                
                 an
                 unwritten
                 Law.
                 They
                 were
                 originally
                 a
                 Grecian
                 Colonie
                 coming
                 out
                 of
                 Lacedaemon
                 and
                 the
                 Territorie
                 of
                 Sparta
                 .
                 Where
                 Lycurgus
                 being
                 sometime
                 King
                 and
                 Author
                 of
                 their
                 Law
                 ,
                 among
                 other
                 of
                 his
                 Decrees
                 he
                 named
                 
                   〈◊〉
                   〈◊〉
                   〈◊〉
                   〈◊〉
                   〈◊〉
                
                 ,
                 ordain'd
                 this
                 for
                 one
                 ,
                 That
                 their
                 Laws
                 should
                 not
                 be
                 written
                 ,
                 because
                 he
                 would
                 have
                 every
                 man
                 to
                 fix
                 them
                 in
                 his
                 memory
                 :
                 and
                 for
                 that
                 purpose
                 ,
                 made
                 them
                 short
                 and
                 summary
                 ,
                 after
                 the
                 manner
                 of
                 our
                 maximes
                 .
                 This
                 course
                 ,
                 the
                 Saxons
                 ,
                 and
                 by
                 their
                 example
                 the
                 other
                 German
                 Nations
                 held
                 for
                 many
                 ages
                 .
                 The
                 first
                 of
                 the
                 Northern
                 Nations
                 that
                 alter'd
                 it
                 ,
                 were
                 the
                 Goths
                 ;
                 who
                 in
                 the
                 Aera
                 504.
                 
                   i.
                   e.
                
                 the
                 year
                 of
                 Christ
                 466.
                 under
                 Euricus
                 their
                 King
                 ,
                 set
                 their
                 Laws
                 in
                 writing
                 :
                 
                   Legum
                   instituta
                   scriptis
                   habere
                   caeperunt
                
                 *
                 .....
                 The
                 Burgundians
                 and
                 Saliques
                 a
                 little
                 before
                 ;
                 but
                 the
                 Saxons
                 themselves
                 ,
                 and
                 the
                 
                   Angli
                   ,
                   Werini
                
                 and
                 Frisii
                 are
                 not
                 noted
                 to
                 have
                 written
                 Law
                 ,
                 till
                 the
                 time
                 of
                 Herald
                 the
                 Dane
                 ,
                 about
                 the
                 year
                 994.
                 
                 So
                 that
                 our
                 Saxons
                 here
                 in
                 Britain
                 began
                 to
                 write
                 some
                 of
                 their
                 Laws
                 before
                 their
                 brethren
                 of
                 Germany
                 .
                 For
                 tho'
                 they
                 reduc'd
                 not
                 the
                 general
                 manners
                 and
                 customs
                 of
                 their
                 Country
                 ,
                 whereby
                 they
                 liv'd
                 and
                 were
                 govern'd
                 ,
                 into
                 a
                 written
                 Volume
                 ,
                 but
                 left
                 them
                 still
                 ,
                 as
                 Lycurgus
                 his
                 Rhetras
                 ,
                 to
                 common
                 memory
                 and
                 tradition
                 ;
                 yet
                 many
                 of
                 their
                 ancient
                 Kings
                 after
                 they
                 had
                 recieved
                 Christianity
                 ,
                 put
                 their
                 own
                 Constitutions
                 into
                 writing
                 .
                 So
                 did
                 the
                 most
                 ancient
                 of
                 them
                 ,
                 Aethelbert
                 King
                 of
                 Kent
                 about
                 the
                 year
                 680.
                 if
                 his
                 Laws
                 (
                 whereof
                 I
                 have
                 a
                 MS.
                 copy
                 )
                 were
                 in
                 his
                 own
                 days
                 put
                 in
                 writing
                 .
                 So
                 did
                 Inas
                 King
                 of
                 the
                 West-Saxons
                 .
              
               
                 What
                 the
                 Laws
                 of
                 the
                 Britains
                 were
                 ,
                 remains
                 at
                 this
                 day
                 to
                 be
                 seen
                 by
                 a
                 model
                 of
                 them
                 in
                 an
                 ancient
                 Manuscript
                 under
                 the
                 Title
                 of
                 
                   The
                   Laws
                   of
                   Hoel
                   Dha
                
                 ,
                 (
                 that
                 is
                 ,
                 
                   Hoel
                   the
                   good
                   ;
                
                 )
                 nothing
                 consonant
                 to
                 these
                 of
                 ours
                 at
                 this
                 day
                 ,
                 or
                 those
                 of
                 the
                 Saxons
                 in
                 time
                 past
                 .
                 But
                 we
                 find
                 by
                 the
                 Red
                 Book
                 in
                 the
                 Exchequer
                 ,
                 that
                 the
                 Laws
                 of
                 Hen.
                 I.
                 did
                 so
                 concur
                 in
                 many
                 things
                 with
                 them
                 of
                 the
                 other
                 Nations
                 we
                 spake
                 of
                 ,
                 that
                 sometimes
                 he
                 not
                 only
                 citeth
                 the
                 
                   Salique
                   Law
                
                 ,
                 and
                 the
                 Ribuarian
                 or
                 
                   Belgique
                   Law
                
                 by
                 name
                 ,
                 but
                 deduceth
                 much
                 of
                 the
                 Text
                 verbatim
                 from
                 them
                 .
                 And
                 we
                 find
                 also
                 a
                 great
                 multitude
                 of
                 words
                 of
                 Art
                 ,
                 names
                 of
                 Offices
                 ,
                 Officers
                 and
                 Ministers
                 in
                 our
                 Law
                 ,
                 common
                 
                 in
                 old
                 time
                 to
                 the
                 
                   Germans
                   ,
                   French
                   ,
                   Saliques
                   ,
                   Longobards
                   ,
                
                 and
                 other
                 Nations
                 ,
                 as
                 well
                 as
                 to
                 our
                 
                   Saxons
                   ,
                   Danes
                
                 ,
                 and
                 Normans
                 ;
                 but
                 not
                 one
                 to
                 my
                 knowledge
                 that
                 riseth
                 from
                 the
                 British
                 tongue
                 ,
                 nor
                 do
                 we
                 retain
                 any
                 Law
                 ,
                 Rite
                 or
                 Custom
                 of
                 the
                 ancient
                 Britains
                 ,
                 which
                 we
                 received
                 not
                 from
                 the
                 Saxons
                 or
                 Germans
                 ,
                 as
                 used
                 also
                 by
                 them
                 of
                 old
                 ,
                 before
                 they
                 came
                 into
                 Britain
                 .
              
               
                 For
                 these
                 few
                 Greek
                 words
                 that
                 are
                 found
                 in
                 our
                 Law
                 ,
                 Chirographer
                 and
                 Protonotary
                 ,
                 (
                 whereby
                 some
                 argue
                 the
                 antiquity
                 of
                 our
                 Law
                 to
                 be
                 from
                 the
                 Druides
                 ,
                 whom
                 Caesar
                 and
                 Pliny
                 report
                 to
                 have
                 used
                 the
                 Greek
                 tongue
                 ;
                 )
                 it
                 is
                 doubtless
                 ,
                 that
                 they
                 are
                 come
                 to
                 us
                 from
                 the
                 Civil
                 Lawyers
                 ,
                 and
                 the
                 one
                 of
                 them
                 being
                 a
                 Mongrel
                 ,
                 half
                 Greek
                 and
                 half
                 Latin
                 ,
                 could
                 not
                 descend
                 from
                 the
                 Druides
                 ,
                 who
                 had
                 neither
                 knowledge
                 nor
                 use
                 of
                 the
                 Latin
                 tongue
                 .
              
               
                 They
                 therefore
                 that
                 fetch
                 our
                 Laws
                 from
                 
                   Brutus
                   ,
                   Mulmutius
                
                 ,
                 the
                 Druides
                 ,
                 or
                 any
                 other
                 Brutish
                 or
                 British
                 Inhabitants
                 here
                 of
                 old
                 ,
                 affirming
                 that
                 in
                 all
                 the
                 times
                 of
                 these
                 several
                 Nations
                 ,
                 (
                 viz.
                 
                   Britains
                   ,
                   Romans
                   ,
                   Saxons
                   ,
                   Danes
                
                 and
                 Normans
                 )
                 and
                 of
                 their
                 Kings
                 ,
                 this
                 Realm
                 was
                 still
                 ruled
                 with
                 the
                 self
                 same
                 customes
                 that
                 it
                 is
                 now
                 
                   (
                   viz.
                
                 in
                 the
                 time
                 of
                 King
                 Henry
                 VI.
                 )
                 govern'd
                 withal
                 ;
                 do
                 like
                 them
                 that
                 make
                 the
                 Arcadians
                 to
                 be
                 elder
                 than
                 the
                 Moon
                 ,
                 and
                 the
                 God
                 Terminus
                 to
                 be
                 so
                 fixed
                 on
                 the
                 Capitoline-hill
                 ,
                 as
                 neither
                 Mattocks
                 nor
                 Spades
                 ,
                 nor
                 all
                 the
                 power
                 of
                 men
                 nor
                 of
                 the
                 other
                 Gods
                 ,
                 could
                 remove
                 him
                 from
                 the
                 place
                 he
                 stood
                 in
                 .
              
               
                 And
                 thus
                 I
                 end
                 .
              
            
          
        
         
           
             
             
               APPENDIX
               .
            
             
               Pat.
               11.
               
               Hen.
               III.
               m.
               13.
               
            
             
               
                 REX
                 universis
                 Patentes
                 literas
                 inspecturis
                 salutem
                 .
                 Cum
                 Venerabilis
                 Pater
                 S.
                 Cant.
                 Episcopus
                 ,
                 auctoritate
                 Domini
                 Papae
                 &
                 fratrum
                 suorum
                 ,
                 nobis
                 gratiam
                 de
                 juramentis
                 praestandis
                 coram
                 Justiciariis
                 nostris
                 de
                 Praecept
                 .
                 nostro
                 Itiner
                 .
                 ab
                 instanti
                 Adventu
                 Domini
                 usque
                 ad
                 Vigiliam
                 Sancti
                 Thomae
                 Apostoli
                 ,
                 &
                 a
                 principio
                 Quadragesimae
                 usque
                 ad
                 Dominicam
                 qua
                 cantatur
                 
                   Isti
                   sunt
                   dies
                
                 ;
                 duntaxat
                 in
                 rebus
                 subscriptis
                 ;
                 viz.
                 in
                 Assizis
                 ultimae
                 praesentationis
                 de
                 morte
                 Antecessor
                 .
                 novae
                 diss
                 .
                 de
                 magna
                 Assiza
                 ,
                 &
                 de
                 Inquisitionibus
                 quae
                 de
                 terra
                 emergerint
                 coram
                 eisdem
                 Justiciariis
                 nostris
                 vel
                 per
                 judicium
                 vel
                 de
                 consensu
                 pertinent
                 :
                 Ita
                 quod
                 haec
                 concessio
                 hoc
                 anno
                 tantum
                 durabit
                 usque
                 ad
                 diem
                 Dominicam
                 supradictam
                 :
                 Nos
                 per
                 literas
                 nostras
                 patentes
                 quas
                 eidem
                 Domino
                 Archiepiscopo
                 fieri
                 fecimus
                 ,
                 protestati
                 sumus
                 quod
                 concessio
                 illa
                 nobis
                 ad
                 praesens
                 facta
                 usque
                 ad
                 diem
                 Dominicam
                 supradictam
                 ,
                 non
                 trahetur
                 in
                 consequentiam
                 post
                 eundem
                 diem
                 .
                 Cum
                 igitur
                 supplicaverimus
                 Ven.
                 Patri
                 IV.
                 Archiepiscopo
                 Eboracensi
                 de
                 consimili
                 gratia
                 nobis
                 concedenda
                 de
                 Juramentis
                 praestandis
                 per
                 totam
                 Provinciam
                 suam
                 usque
                 ad
                 Terminum
                 praedictum
                 :
                 Nos
                 per
                 has
                 literas
                 nostras
                 Patentes
                 protestamur
                 ,
                 quod
                 dictus
                 Archiepiscopus
                 Ebor.
                 per
                 totam
                 Proviciam
                 suam
                 id
                 de
                 Juramentis
                 praestandis
                 (
                 sicut
                 praedictum
                 est
                 )
                 nobis
                 duxerit
                 concedendum
                 ,
                 concessio
                 ista
                 ad
                 praesens
                 facta
                 usque
                 ad
                 terminum
                 praedictum
                 non
                 trahetur
                 in
                 consequentiam
                 post
                 diem
                 eundem
                 .
                 In
                 cujus
                 rei
                 testimonium
                 eidem
                 Domino
                 Archiepiscopo
                 Ebor.
                 dedi
                 has
                 literas
                 nostras
                 Patentes
                 sigillo
                 nostro
                 signatas
                 .
                 Teste
                 meipso
                 apud
                 
                   Westmonast
                   .
                   11.
                
                 
                 Nov.
                 Anno
                 regni
                 nostri
                 undecimo
                 .
              
            
             
               Claus
               .
               11.
               H.
               III.
               m.
               26.
               
            
             
               
                 Rex
                 dilectis
                 &
                 fidelibus
                 suis
                 
                   Stephano
                   de
                   Segrave
                   &
                   Roberto
                   de
                   Lexinton
                   ,
                
                 &
                 sociis
                 suis
                 Justic
                 .
                 Itinerantibus
                 in
                 Com.
                 
                   Warw.
                   Leic.
                   Glouc.
                   &
                   Wigorn.
                
                 Salutem
                 .
                 Sciatis
                 quod
                 Venerabilis
                 Pater
                 S.
                 Cant.
                 Archiep.
                 auctoritate
                 Domini
                 Papae
                 ,
                 concessi
                 quod
                 juramenta
                 praestentur
                 coram
                 Justiciariis
                 nostris
                 Itinerant
                 .
                 ab
                 instanti
                 adventu
                 corum
                 usque
                 Vigiliam
                 Sancti
                 Thomae
                 Apostoli
                 ,
                 &
                 à
                 principio
                 Quadragesimae
                 usque
                 ad
                 diem
                 Dominicam
                 qua
                 cantatur
                 
                   Isti
                   sunt
                   dies
                
                 ,
                 viz.
                 in
                 Ass
                 .
                 ultimae
                 praesentationis
                 de
                 morte
                 Antecessor
                 .
                 de
                 magna
                 Ass
                 .
                 &
                 de
                 Inquisitionibus
                 quae
                 emergerint
                 de
                 terris
                 ,
                 sicut
                 plenius
                 nobis
                 constitit
                 ex
                 inspectione
                 literarum
                 Domini
                 Cant.
                 quas
                 inde
                 vobis
                 mittimus
                 .
                 Rogamus
                 ut
                 V.
                 P.
                 W.
                 Ebor.
                 Archiepiscopus
                 quatenus
                 concedens
                 juramenta
                 in
                 consimilibus
                 causis
                 praestari
                 infra
                 Provinciam
                 suam
                 usque
                 ad
                 Praesat
                 .
                 Terminum
                 ,
                 literas
                 suas
                 patentes
                 consimiles
                 literas
                 Domini
                 Cant.
                 inde
                 habere
                 faciat
                 .
                 Vt
                 autem
                 liberius
                 &
                 facilius
                 hoc
                 volet
                 facere
                 ,
                 misimus
                 literas
                 nostras
                 patentes
                 ,
                 quales
                 fieri
                 fecimus
                 Domino
                 Cant.
                 protestantes
                 quod
                 post
                 terminum
                 praefatum
                 concessio
                 praedicta
                 ab
                 eo
                 nobis
                 facta
                 non
                 poterit
                 trahi
                 in
                 observantiam
                 .
                 Vobis
                 igitur
                 mandamus
                 ,
                 quod
                 cum
                 Archiepiscopus
                 Ebor.
                 hoc
                 nobis
                 concesserit
                 ,
                 &
                 literas
                 suas
                 patentes
                 nobis
                 habere
                 fecerit
                 ,
                 Iter
                 Justic
                 .
                 nostr
                 .
                 in
                 Comitat
                 qui
                 .....
                 sunt
                 jurisdictioni
                 praedicti
                 Archiepiscopi
                 Ebor.
                 &
                 aliis
                 Comitat.
                 subsint
                 jurisdictioni
                 Archiepiscopi
                 Cantuar.
                 usque
                 ad
                 praefatum
                 terminum
                 ,
                 si
                 opus
                 fuerit
                 ,
                 continuetis
                 solita
                 prudentia
                 &
                 solitudine
                 .
                 Quod
                 non
                 dubitamus
                 vos
                 esse
                 facturos
                 negotiis
                 nostris
                 expediendis
                 ad
                 commodum
                 &
                 honorem
                 nostrum
                 intendent
                 .
                 Dat.
                 apud
                 
                   Westm
                   .
                   3.
                
                 die
                 Nov.
                 
              
            
             
               In
               custodia
               Franc.
               Bacon
               de
               Graies-Inn
               Armig.
               1.
               
               Febr.
               An.
               1633.
               
            
             
               
                 Discreto
                 Viro
                 Domino
                 
                   Tho.
                   Weyland
                
                 Illustr
                 .
                 Reg.
                 Angl.
                 Justic
                 .
                 *
                 R.
                 miseratione
                 divina
                 Norwic.
                 Episcopus
                 salutem
                 &
                 honoris
                 augmentum
                 .
                 Cordis
                 nobis
                 est
                 ut
                 omni
                 tempore
                 Justitia
                 debitum
                 &
                 celerem
                 sortiatur
                 effectum
                 .
                 Hinc
                 est
                 quod
                 cum
                 Ass
                 .
                 ultimae
                 praesentationis
                 super
                 Ecclesiam
                 de
                 Kirkby
                 omnium
                 Sanctorum
                 inter
                 Imann
                 .
                 quae
                 fuit
                 uxor
                 
                   Ric.
                   de
                   Thwait
                
                 querentem
                 ,
                 &
                 
                   Ricardum
                   lc
                   Cam
                
                 defendentem
                 ,
                 coram
                 vobis
                 sit
                 arannata
                 ,
                 ut
                 intelliximus
                 ,
                 Vobis
                 auctoritate
                 praesentium
                 permittimus
                 quod
                 non
                 obstante
                 instanti
                 Quadragesima
                 Assisam
                 praedictam
                 inter
                 partes
                 praedictas
                 etiamsi
                 juramentum
                 interveniat
                 licite
                 capiatis
                 :
                 Valete
                 .
                 Dat.
                 apud
                 
                   Buketon
                   11.
                
                 
                 Kal.
                 Martii
                 ,
                 
                 Anno
                 Domini
                 
                   M.
                   CC.
                   LXXVI
                
                 .
              
            
             
               FINIS
               .
            
          
        
      
       
         
           
             
             
               A
               SHORT
               APOLOGIE
               For
               Arch-bishop
               ABBOT
               ,
               Touching
               The
               death
               of
               
                 PETER
                 HAWKINS
              
               .
            
             
               By
               an
               unknown
               Hand
               .
            
             
               WITH
               A
               LARGE
               ANSWER
               To
               this
               APOLOGIE
               ,
               By
               Sir
               
                 HENRY
                 SPELMAN
              
               Kt.
               
            
             
               As
               also
               ,
               Several
               Letters
               relating
               to
               the
               same
               Fact
               :
               With
               a
               Copy
               of
               The
               Dispensation
               for
               Irregularity
               ,
               Granted
               to
               the
               Arch-bishop
               .
            
             
               And
               a
               Treatise
               Of
               the
               Original
               of
               TESTAMENTS
               and
               WILLS
               ,
               And
               of
               their
               PROBATS
               ,
               And
               to
               whom
               it
               anciently
               belonged
               .
            
             
               By
               the
               said
               Sir
               
                 HENRY
                 SPELMAN
              
               Kt.
               
            
          
        
         
           
             
             
             
               AN
               APOLOGIE
               For
               Arch-bishop
               ABBOT
               ,
               Touching
               The
               death
               of
               PETER
               HAWKINS
               the
               Keeper
               ,
               Wounded
               in
               the
               Park
               at
               
                 Bramsil
                 ,
                 July
              
               24.
               1621.
               
            
             
               1.
               
               IT
               is
               certain
               that
               
                 in
                 foro
                 conscientiae
              
               ,
               this
               case
               may
               not
               only
               deservedly
               produce
               a
               fear
               and
               trembling
               in
               him
               who
               was
               the
               accidental
               cause
               thereof
               ;
               but
               may
               justly
               make
               the
               tallest
               Cedar
               in
               Lebanon
               to
               shake
               ,
               in
               recounting
               with
               his
               inward
               man
               ,
               what
               sin
               it
               is
               that
               hath
               provoked
               God
               to
               permit
               such
               a
               rare
               and
               unusual
               action
               to
               fall
               out
               by
               his
               hand
               :
               which
               maketh
               him
               ,
               for
               the
               time
               ,
               to
               be
               
                 Fabula
                 vulgi
              
               ,
               and
               giveth
               opportunity
               to
               the
               enemies
               of
               Religion
               of
               all
               kinds
               ,
               to
               rejoice
               ,
               to
               speak
               their
               pleasure
               ,
               to
               fill
               their
               Books
               and
               Libels
               ,
               within
               the
               Realm
               ,
               and
               perhaps
               ,
               beyond
               the
               Seas
               .
               And
               that
               ,
               concerning
               his
               Calling
               as
               well
               as
               his
               Person
               ,
               not
               only
               for
               the
               present
               ,
               but
               also
               in
               future
               ages
               ;
               beside
               Grief
               to
               his
               friends
               ,
               and
               some
               Scandal
               to
               the
               weak
               ,
               who
               do
               not
               rightly
               apprehend
               things
               ,
               but
               raise
               questions
               which
               few
               men
               can
               resolve
               .
               To
               all
               which
               may
               be
               added
               ,
               the
               interpretation
               of
               it
               by
               his
               Majesty
               ,
               graciously
               or
               otherwise
               ;
               and
               the
               forfeiture
               ,
               that
               in
               rigorus
               construction
               of
               Law
               may
               be
               put
               upon
               him
               ,
               although
               held
               for
               no
               great
               Delinquent
               ;
               besides
               the
               providing
               for
               a
               Widow
               and
               four
               Fatherless
               children
               .
               All
               which
               may
               pierce
               a
               heart
               that
               is
               not
               senseless
               ;
               and
               day
               and
               night
               yeild
               him
               matter
               enough
               of
               troubled
               meditations
               .
            
             
               2.
               
               And
               yet
               ,
               lest
               he
               that
               intended
               no
               ill
               (
               much
               less
               to
               that
               person
               ,
               a
               poor
               man
               and
               a
               stranger
               to
               him
               )
               should
               be
               swallowed
               up
               with
               sorrow
               ;
               he
               is
               not
               devoid
               of
               some
               comfort
               ,
               as
               that
               
                 Consensus
                 facit
                 peccatum
              
               ,
               and
               
                 Voluntas
                 facit
                 reatum
              
               ;
               and
               where
               those
               concurr
               not
               ,
               misdemeanours
               are
               properly
               
                 contra
                 nullum
                 Decalogi
                 praeceptum
              
               .
               And
               that
               when
               God
               ,
               speaking
               of
               such
               casual
               death
               
                 (
                 Exod.
              
               21.
               13.
               
               )
               useth
               these
               words
               ,
               
                 If
                 a
                 man
                 lye
                 not
                 in
                 wait
                 ,
                 but
                 God
                 deliver
                 him
              
               (
               the
               slain
               man
               )
               
                 into
                 his
                 hands
              
               ;
               Divines
               collect
               thereupon
               ,
               that
               it
               is
               not
               humanum
               but
               
                 à
                 Deo
              
               ,
               which
               no
               man's
               Providence
               can
               absolutely
               prevent
               .
               For
               what
               God
               will
               have
               done
               ,
               shall
               be
               ;
               and
               no
               Creature
               may
               dare
               to
               set
               him
               to
               school
               in
               what
               manner
               ,
               or
               by
               what
               person
               he
               will
               have
               it
               perform'd
               .
               And
               Deuteronom
               .
               19.
               6
               ,
               10.
               
               God
               putting
               the
               case
               of
               the
               man
               slain
               by
               the
               iron
               of
               his
               Neighbour's
               ax
               slipping
               off
               ,
               appointeth
               Cities
               of
               Refuge
               ,
               lest
               he
               should
               be
               slain
               also
               ;
               who
               (
               as
               he
               saith
               )
               
                 was
                 not
                 worthy
                 of
                 death
              
               :
               and
               again
               ,
               that
               
                 innoxius
                 sanguis
              
               ,
               innocent
               blood
               be
               not
               shed
               in
               the
               Land.
               Where
               we
               may
               collect
               ,
               that
               such
               cases
               are
               foreseen
               and
               order'd
               by
               God
               himself
               ;
               and
               that
               no
               Calling
               ,
               no
               not
               that
               of
               the
               Priest
               ,
               is
               free
               from
               that
               which
               God
               will
               have
               accomplish'd
               ;
               since
               he
               must
               
                 communem
                 hominum
                 subire
                 sortem
                 .
                 Homo
                 sum
                 ,
                 humani
                 
                 nihil
                 a
                 me
                 alienum
                 puto
                 .
              
               And
               ,
               
                 Quod
                 cutque
                 contingere
                 potest
                 ,
                 cuivis
                 potest
              
               ;
               although
               of
               all
               others
               ,
               the
               Priest
               should
               be
               most
               wary
               ,
               what
               he
               attempt
               and
               how
               .
            
             
               3.
               
               There
               is
               no
               Text
               in
               the
               Old
               Testament
               which
               directly
               distinguisheth
               the
               Priest
               from
               other
               men
               ,
               in
               case
               of
               Blood
               ;
               but
               there
               are
               examples
               (
               which
               may
               not
               be
               apply
               d
               to
               Evil
               ,
               for
               that
               were
               to
               pervert
               them
               )
               resolving
               one
               scruple
               which
               is
               made
               .
               As
               Moses
               was
               no
               Priest
               ,
               yet
               he
               gave
               down
               the
               Law
               ;
               and
               he
               consecrated
               Aaron
               the
               High-priest
               ,
               notwithstanding
               the
               time
               was
               that
               he
               had
               kill
               d
               the
               Aegyptian
               .
               The
               Levites
               slew
               3000.
               of
               the
               Israelites
               ,
               after
               the
               Idolatry
               with
               the
               golden
               Calf
               .
               Phineas
               ,
               who
               was
               afterwards
               the
               High-priest
               ,
               slew
               the
               Israelitish
               man
               with
               the
               Midianitish
               woman
               ,
               and
               was
               blessed
               by
               God
               for
               it
               .
               Samuel
               hewed
               Agag
               to
               pieces
               .
               Jehoiada
               the
               Priest
               commanded
               Athal●ah
               the
               Usurper
               to
               be
               slain
               .
               The
               Machabees
               fought
               for
               their
               Countrey
               ;
               and
               so
               took
               away
               the
               lives
               of
               many
               a
               man.
               Paul
               was
               consenting
               to
               the
               death
               of
               
                 Stephen
                 .
                 Peter
              
               ,
               (
               although
               rebuk'd
               for
               it
               )
               cut
               off
               the
               ear
               of
               
                 Malchus
                 .
                 Josephus
              
               the
               Jew
               ,
               of
               the
               seed
               of
               the
               Priests
               ,
               was
               Captain
               over
               Judah
               ,
               and
               fought
               divers
               times
               .
               Out
               of
               all
               which
               ,
               I
               do
               only
               make
               this
               collection
               ;
               That
               the
               Priest
               s
               restraint
               from
               blood
               ,
               is
               not
               
                 ex
                 jure
                 divino
              
               ,
               but
               
                 ex
                 jure
                 positivo
                 ;
                 Pontificio
              
               soil
               .
               
                 vel
                 Canoni●o
              
               ,
               or
               Ecclesiastico
               ,
               as
               we
               call
               it
               ;
               out
               of
               caution
               ,
               for
               purity
               ,
               and
               decency
               ,
               and
               good
               congruity
               for
               so
               holy
               a
               Calling
               ,
               which
               cometh
               so
               near
               God
               ,
               and
               attendeth
               at
               his
               Altar
               .
            
             
               4.
               
               See
               then
               in
               the
               Ecclesiastical
               Law
               ,
               what
               Grace
               is
               afforded
               to
               him
               ,
               who
               against
               his
               will
               ,
               hath
               casually
               been
               the
               death
               of
               another
               .
               There
               is
               in
               the
               Decretals
               ,
               a
               title
               
                 De
                 homicidio
                 voluntario
                 vel
                 casuali
              
               :
               concerning
               the
               latter
               of
               which
               ,
               there
               be
               many
               1
               Rescripts
               ;
               which
               demonstrateth
               ,
               that
               in
               human
               life
               such
               things
               do
               frequently
               fall
               out
               .
               In
               these
               ,
               there
               are
               five
               Chapters
               ,
               Cap.
               Lator
               :
               Cap.
               
                 Dilectis
                 siliis
              
               :
               Cap.
               
                 Ex
                 Litteris
              
               :
               Cap.
               
                 Ex
                 Litteris
                 tuae
              
               :
               Cap.
               Joannes
               :
               Where
               the
               Rubrick
               is
               ,
               
                 Homicidium
                 casuale
                 non
                 imputatur
                 ei
                 qui
                 non
                 fuit
                 in
                 culpa
                 :
              
               and
               
                 Homicidium
                 casuale
                 non
                 imputatur
                 ei
                 qui
                 dedit
                 operam
                 rei
                 licitae
                 ,
                 nee
                 fuit
                 in
                 culpa
                 .
              
               And
               there
               the
               Decision
               is
               evermore
               ,
               that
               there
               is
               no
               Irregularity
               
                 in
                 promovendo
              
               ,
               or
               
                 in
                 promoto
                 ad
                 sacros
                 ordines
              
               .
            
             
               This
               is
               the
               more
               to
               be
               noted
               ,
               because
               it
               is
               not
               the
               2
               Interpreters
               ,
               but
               the
               body
               of
               the
               Law.
               And
               the
               Gloss
               thereupon
               hath
               ;
               
                 Nota
                 ,
                 quod
                 homicidium
                 casu
                 commissions
                 ,
                 culpa
                 non
                 praecedente
                 non
                 est
                 imputandum
                 .
              
               And
               ,
               3
               
                 Sibi
                 imputari
                 non
                 debet
                 ,
                 quia
                 fortuitos
                 casus
                 ,
                 qui
                 praevideri
                 non
                 possunt
                 ,
                 non
                 praevidit
                 .
              
               And
               ,
               
                 De
                 casu
                 fortuito
                 nullus
                 tenetur
                 ,
                 cum
                 praevideri
                 non
                 possit
                 .
              
               And
               upon
               this
               the
               stream
               of
               the
               Canonists
               do
               run
               ,
               as
               by
               a
               multitude
               of
               Books
               may
               be
               shew'd
               :
               with
               whom
               our
               4
               Bracton
               ,
               a
               great
               Civilian
               and
               Common
               Lawyer
               too
               ;
               
                 Homicidium
                 casuale
                 non
                 imputatur
              
               .
            
             
               5.
               
               The
               two
               heads
               whereto
               the
               Law
               looketh
               ,
               freeing
               a
               man
               from
               blame
               ,
               and
               expresly
               from
               Irregularity
               ,
               are
               ;
               that
               the
               person
               by
               whom
               the
               Action
               is
               perform
               d
               ,
               do
               not
               
                 dare
                 operam
                 rei
                 illicitae
              
               ,
               and
               that
               he
               use
               diligence
               of
               his
               part
               that
               no
               hurt
               be
               committed
               .
               5
               Azorius
               the
               Jesuite
               saith
               ,
               
                 Irregularitas
                 ,
                 cum
                 ob
                 delictum
                 constituitur
                 ,
                 non
                 nisi
                 ex
                 lethali
                 peccato
                 contrahitur
                 :
                 nisi
                 ex
                 homicidio
                 fiat
                 quis
                 irregularis
                 ,
                 eo
                 quod
                 det
                 operam
                 rei
                 vetitae
                 &
                 interdictae
                 ;
                 nam
                 tunc
                 quamvis
                 homicidium
                 casu
                 sequatur
                 ,
                 ob
                 culpam
                 nostram
                 levem
                 vel
                 levissimam
                 ,
                 multorum
                 est
                 opinio
                 irregularitatem
                 contrahi
                 .
              
               6
               And
               Ivo
               in
               his
               Canons
               ,
               some
               hundreds
               of
               years
               before
               him
               ;
               
                 Si
                 duo
                 fratres
                 in
                 sylva
                 arbores
                 succiderint
                 ,
                 &
                 appropinquante
                 casura
                 unius
                 arboris
                 ,
                 frater
                 fratri
                 dixerit
              
               Cave
               ,
               &
               
                 ille
                 fugiens
                 ,
                 in
                 pressuram
                 arboris
                 inciderit
                 ,
                 ac
                 mortuus
                 fuerit
                 ,
                 vivens
                 frater
                 innocens
                 de
                 sanguine
                 germani
                 dijudicatur
                 .
              
               Now
               ,
               the
               ca●e
               at
               Bramsil
               ,
               is
               within
               the
               compass
               of
               these
               two
               conditions
               .
               For
               the
               party
               agent
               ,
               was
               about
               no
               unlawful
               work
               :
               for
               what
               he
               did
               ,
               was
               in
               the
               day
               ,
               in
               the
               presence
               of
               fourty
               or
               fifty
               persons
               ,
               the
               Lord
               Zouch
               ,
               who
               was
               
               owner
               of
               the
               Park
               ,
               not
               only
               standing
               by
               ,
               but
               inviting
               to
               Hunt
               and
               Shoot
               ;
               and
               all
               persons
               in
               the
               Field
               were
               call'd
               upon
               to
               stand
               far
               off
               ,
               partly
               for
               avoiding
               harm
               ,
               and
               partly
               lest
               they
               should
               disturb
               the
               Game
               ;
               and
               all
               in
               the
               Field
               perform'd
               what
               was
               desir'd
               .
               And
               this
               course
               did
               the
               Lord
               Arch-bishop
               use
               to
               take
               ,
               when
               or
               wheresoever
               he
               did
               shoot
               ;
               as
               all
               persons
               at
               any
               time
               present
               can
               witness
               :
               never
               any
               man
               being
               more
               solicitous
               thereof
               ,
               than
               he
               evermore
               was
               .
               And
               the
               morning
               when
               the
               deed
               was
               done
               ,
               the
               Keeper
               was
               twice
               warn'd
               to
               stay
               behind
               ,
               and
               not
               to
               run
               forward
               ;
               but
               he
               carelesly
               did
               otherwise
               ,
               when
               he
               that
               shot
               could
               take
               no
               notice
               of
               his
               galloping
               in
               before
               the
               Bow
               ;
               as
               may
               be
               seen
               by
               the
               Verdict
               of
               the
               Coroner's
               Inquest
               .
            
             
               6.
               
               This
               case
               at
               Bramsill
               is
               so
               favourable
               ;
               that
               the
               strictest
               Writers
               of
               these
               times
               ,
               directly
               conclude
               ,
               that
               if
               a
               Clergy-man
               committing
               
                 casuale
                 homicidium
              
               be
               about
               a
               forbidden
               and
               interdicted
               act
               ,
               yet
               he
               is
               not
               irregular
               ,
               if
               the
               interdicted
               act
               be
               not
               therefore
               forbidden
               ,
               because
               it
               may
               draw
               on
               Homicide
               .
               And
               thereupon
               ,
               inasmuch
               as
               Hunting
               is
               forbidden
               in
               a
               Clergy-man
               ,
               not
               in
               respect
               of
               danger
               of
               Life
               ,
               but
               for
               Decency
               ,
               that
               he
               should
               not
               spend
               his
               time
               in
               Exercises
               which
               may
               hinder
               him
               from
               the
               study
               fit
               for
               his
               Calling
               ,
               or
               for
               other
               such
               reasons
               ;
               Irregularity
               followeth
               not
               thereupon
               .
               And
               to
               this
               purpose
               ,
               writeth
               at
               large
               1
               
                 Soto
                 ,
                 Covarruvias
              
               ,
               and
               Suarez
               ,
               who
               are
               great
               Canonists
               and
               Schoolmen
               .
               And
               if
               this
               be
               true
               ,
               (
               as
               out
               of
               great
               reason
               it
               may
               be
               so
               held
               )
               how
               much
               further
               is
               the
               present
               case
               in
               question
               from
               Irregularitie
               .
            
             
               7.
               
               But
               some
               go
               directly
               to
               the
               point
               ,
               and
               say
               ,
               that
               the
               Lord
               Arch-bishop
               did
               
                 navare
                 operam
                 rei
                 illicitae
              
               ,
               because
               he
               was
               on
               Hunting
               ;
               for
               that
               was
               interdicted
               to
               a
               Bishop
               by
               the
               Canon
               
                 De
                 Clerico
                 Venatore
              
               ;
               and
               so
               by
               a
               consequent
               he
               must
               needs
               be
               Irregular
               .
               To
               which
               objection
               ,
               see
               how
               many
               clear
               and
               true
               answers
               there
               be
               .
               As
               first
               ,
               that
               the
               Canon
               being
               taken
               out
               of
               the
               Decrees
               ,
               is
               by
               Gratian
               himself
               branded
               to
               be
               Palea
               ,
               no
               better
               than
               Chaff
               .
               Secondly
               ,
               it
               is
               cited
               out
               of
               the
               fourth
               Council
               of
               Orleans
               ;
               and
               there
               is
               no
               such
               thing
               to
               be
               found
               ,
               as
               the
               Gloss
               well
               observeth
               .
               Thirdly
               ,
               it
               forbiddeth
               Hunting
               
                 cum
                 canibus
                 aut
                 accipitribus
              
               ;
               and
               none
               of
               these
               were
               at
               Bramsil
               .
               And
               if
               you
               will
               enforce
               it
               by
               comparison
               or
               proportion
               ,
               the
               rule
               of
               the
               Law
               is
               ,
               
                 Favores
                 sunt
                 ampliandi
                 ,
                 odia
                 restringenda
                 :
              
               Where
               mark
               ,
               when
               Hunting
               with
               Dogs
               or
               Hawks
               is
               forbidden
               ,
               it
               is
               not
               for
               fear
               of
               Slaughter
               ,
               for
               there
               is
               no
               such
               danger
               in
               either
               of
               them
               .
               Fourthly
               ,
               the
               Canon
               forbiddeth
               Hunting
               
                 voluptatis
                 causa
              
               ,
               but
               not
               recreationis
               or
               
                 valetudinis
                 gratia
              
               ,
               which
               the
               Books
               say
               is
               permitted
               
                 etiam
                 Episcopo
              
               .
               Fifthly
               ,
               the
               Canon
               hath
               ,
               
                 Si
                 saepius
                 detentus
                 fuerit
              
               ,
               if
               he
               make
               a
               Life
               or
               Occupation
               of
               it
               ;
               which
               the
               world
               knoweth
               ,
               is
               not
               the
               Arch-bishop's
               case
               ,
               but
               a
               little
               one
               time
               in
               the
               year
               ,
               directed
               so
               by
               his
               Physician
               ,
               to
               avoid
               two
               diseases
               ,
               whereunto
               he
               is
               subject
               ,
               the
               Stone
               and
               the
               Gout
               .
               Sixthly
               ,
               it
               is
               
                 clamosa
                 venatio
              
               against
               which
               the
               Canon
               speaketh
               ,
               not
               quieta
               or
               modesta
               ,
               which
               the
               Canonists
               allow
               ;
               and
               this
               whereof
               the
               question
               ariseth
               ,
               was
               most
               silent
               and
               quiet
               ;
               saving
               that
               this
               accident
               ,
               by
               the
               Keeper's
               unadvised
               running
               in
               ,
               hath
               afterwards
               made
               a
               noise
               over
               all
               the
               Countrey
               .
            
             
               8.
               
               These
               Exceptions
               ,
               as
               they
               naturally
               and
               without
               any
               enforcing
               ,
               give
               answer
               to
               this
               Objection
               of
               the
               Canon
               ;
               so
               there
               is
               another
               thing
               that
               may
               stop
               the
               mouth
               of
               all
               Gain-sayers
               ;
               if
               any
               Reason
               will
               content
               them
               .
               And
               that
               is
               ,
               that
               by
               the
               Stat.
               of
               Henr.
               VIII
               .
               35.
               ca.
               16.
               no
               Canon
               is
               in
               force
               in
               England
               ,
               which
               was
               not
               in
               use
               before
               that
               time
               ,
               or
               is
               not
               contrary
               or
               derogatory
               to
               the
               Laws
               or
               Statutes
               of
               this
               Realm
               ,
               nor
               to
               the
               Prerogatives
               of
               the
               Royal
               Crown
               :
               of
               which
               nature
               this
               is
               .
               For
               in
               
                 Charta
                 de
                 Foresta
              
               ,
               Archbishops
               and
               Bishops
               by
               name
               have
               liberty
               to
               Hunt
               :
               and
               13.
               
               Ric.
               II.
               cap.
               13.
               a
               Clergy-man
               who
               hath
               10l.
               by
               the
               year
               ,
               may
               keep
               grey-hounds
               to
               hunt
               .
               And
               Linwood
               ,
               who
               liv'd
               soon
               after
               that
               time
               ,
               and
               understood
               the
               Ecclesiastical
               
               Constitutions
               and
               the
               Laws
               of
               England
               very
               well
               ,
               in
               treating
               of
               Hunting
               ,
               speaketh
               against
               Clergy-men
               using
               that
               exercise
               unlawfully
               ;
               as
               in
               places
               restrain'd
               or
               forbidden
               ;
               but
               hath
               not
               one
               word
               against
               Hunting
               simply
               .
               And
               the
               Arch-bishop
               of
               Canterbury
               had
               formerly
               more
               than
               twenty
               Parks
               and
               Chaces
               of
               his
               own
               ,
               to
               use
               at
               his
               pleasure
               ;
               and
               now
               by
               Charter
               hath
               free-warren
               in
               all
               his
               lands
               .
               And
               by
               ancient
               Record
               ,
               the
               Bishop
               of
               Rochester
               ,
               at
               his
               death
               ,
               was
               to
               render
               to
               the
               Arch-bishop
               of
               Canterbury
               his
               Kennel
               of
               Hounds
               as
               a
               mortuary
               ,
               whereof
               (
               as
               I
               am
               credibly
               inform'd
               )
               the
               Law
               taketh
               notice
               for
               the
               King
               
                 Sede
                 vacante
              
               ,
               under
               the
               name
               of
               
                 Muta
                 canum
              
               and
               Mulctura
               .
               To
               this
               may
               be
               added
               ,
               the
               perpetuated
               use
               of
               Hunting
               by
               Bishops
               in
               their
               Parks
               ,
               continu'd
               to
               this
               day
               without
               scruple
               or
               question
               .
               As
               that
               most
               Reverend
               man
               the
               Lord
               Arch-bishop
               Whitgyfte
               us'd
               in
               Hartlebury-park
               while
               he
               liv'd
               at
               Worcester
               ;
               in
               Ford-park
               in
               Kent
               ;
               in
               the
               Park
               of
               the
               Lord
               Cobham
               ,
               near
               Canterbury
               ;
               where
               ,
               by
               the
               favour
               of
               that
               Lord
               ,
               he
               kill'd
               twenty
               Bucks
               in
               one
               journey
               ;
               using
               Hounds
               ,
               Grey-hounds
               ,
               or
               his
               Bow
               ,
               at
               his
               pleasure
               ,
               although
               he
               never
               Shot
               well
               .
               And
               the
               same
               is
               credibly
               reported
               of
               the
               Lord
               Arch-bishop
               Sandes
               .
               And
               it
               is
               most
               true
               ,
               that
               the
               Deans
               and
               Chapter
               of
               Winchester
               use
               it
               as
               they
               please
               in
               their
               Franchise
               .
               To
               say
               nothing
               of
               Dr.
               Rennal
               ,
               whose
               Hounds
               were
               long
               famous
               throughout
               all
               England
               ;
               and
               yet
               he
               was
               by
               profession
               a
               Canonist
               ;
               and
               knew
               well
               what
               induced
               Irregularity
               .
            
             
               I
               will
               add
               two
               things
               more
               ,
               which
               directly
               appertain
               to
               the
               Arch-bishop
               of
               Canterbury
               .
               The
               one
               is
               ,
               the
               famous
               Record
               ,
               That
               at
               the
               Coronation
               of
               Queen
               Eleanor
               ,
               wife
               to
               Henr.
               III.
               the
               Earl
               of
               Arundel
               (
               who
               was
               by
               his
               place
               Cup-bearer
               for
               that
               day
               )
               was
               enforc'd
               to
               serve
               by
               a
               Deputy
               ,
               because
               he
               was
               Excommunicated
               by
               the
               Arch-bishop
               ,
               for
               taking
               up
               his
               Hounds
               coming
               into
               the
               Earl's
               grounds
               to
               Hunt
               ;
               where
               the
               Arch-bishop
               pleaded
               and
               alledg'd
               that
               it
               was
               lawful
               for
               him
               to
               Hunt
               within
               any
               Forest
               of
               England
               ,
               whensoever
               he
               would
               .
               The
               other
               ,
               is
               that
               which
               is
               written
               of
               Arch-bishop
               Cranmer
               ,
               in
               his
               life
               ;
               where
               I
               will
               cite
               the
               very
               words
               :
               
                 Permiserat
                 ei
                 pater
                 aucupium
                 ,
                 venationem
                 ,
                 equitationem
                 ,
                 &c.
                 
                 Quibus
                 quidem
                 ,
                 cum
                 jam
                 Archiepiscopus
                 relaxare
                 animum
                 &
                 abducere
                 se
                 à
                 rebus
                 gravioribus
                 vellet
                 ,
                 ita
                 utebatur
                 ,
                 ut
                 in
                 famulatu
                 suo
                 non
                 fuerit
                 quisquam
                 qui
                 in
                 generosum
                 equum
                 salire
                 ac
                 tractare
                 elegantius
                 ,
                 aut
                 aves
                 ferasque
                 aucupio
                 aut
                 venatione
                 insequi
                 commodius
                 intelligentiusque
                 potuisset
                 :
                 Saepe
                 etiam
                 ,
                 etsi
                 oculis
                 infirmis
                 esset
                 ,
                 arcum
                 tendens
                 ,
                 sagitta
                 percussit
                 seram
                 .
              
               Out
               of
               all
               which
               ,
               and
               many
               more
               Records
               and
               Cases
               that
               are
               to
               be
               shewed
               ,
               the
               Conclusion
               is
               clear
               ,
               That
               howsoever
               the
               Canon
               may
               touch
               Bishops
               and
               Clergy-men
               beyond
               the
               Seas
               ,
               it
               meddleth
               not
               with
               the
               Bishops
               of
               England
               ,
               who
               by
               favour
               of
               Princes
               and
               the
               State
               have
               Baronies
               annext
               to
               their
               Sees
               .
               So
               that
               it
               doth
               arise
               out
               of
               true
               collection
               from
               these
               Heads
               ,
               that
               there
               is
               no
               danger
               of
               Irregularity
               in
               the
               Lord
               Arch-bishop's
               case
               ,
               either
               toward
               himself
               or
               other
               men
               .
               His
               Majesties
               Princely
               Grace
               giveth
               an
               end
               to
               all
               ;
               and
               this
               he
               most
               humbly
               craveth
               .
               For
               other
               things
               ,
               God
               being
               appeas'd
               (
               as
               he
               hopeth
               that
               he
               is
               )
               he
               dreadeth
               not
               the
               tongue
               or
               pen
               of
               any
               enemy
               :
               among
               whom
               ,
               the
               Popes
               and
               Cardinals
               have
               wilfully
               committed
               many
               poisonings
               ,
               murthers
               ,
               and
               outragious
               acts
               ;
               and
               yet
               they
               must
               believe
               that
               they
               are
               the
               head
               and
               chiefest
               members
               of
               the
               Church
               .
            
          
           
             
             
               AN
               ANSWER
               TO
               THE
               Foregoing
               Apologie
               for
               Arch-bishop
               Abbot
               ;
            
             
               By
               Sir
               
                 HENRY
                 SPELMAN
              
               Kt.
               
            
             
               TOuching
               the
               First
               ,
               Second
               ,
               and
               Third
               Sections
               :
               It
               may
               be
               that
               the
               Priests
               in
               the
               old
               Law
               (
               whose
               Ministry
               was
               altogether
               in
               blood
               )
               were
               not
               prohibited
               but
               that
               upon
               just
               occasion
               they
               might
               shed
               even
               the
               blood
               of
               man
               as
               well
               as
               of
               beasts
               ;
               and
               put
               on
               an
               Armour
               as
               well
               as
               an
               Ephod
               .
               For
               the
               Tabernacle
               was
               covered
               with
               red
               Skins
               ,
               to
               signify
               
                 cruentum
                 Seculum
                 ,
                 cruentum
                 Ministerium
              
               :
               and
               Moses
               (
               whose
               hands
               were
               dipt
               in
               blood
               )
               was
               not
               forbidden
               to
               be
               the
               chief
               Founder
               thereof
               .
               But
               when
               the
               Temple
               came
               to
               be
               built
               (
               which
               was
               the
               image
               of
               the
               Church
               of
               Christ
               )
               then
               the
               hands
               of
               David
               ,
               tho'
               they
               had
               fought
               the
               battles
               of
               God
               ,
               yet
               because
               they
               were
               seasoned
               with
               blood
               ,
               they
               might
               not
               lay
               one
               stone
               in
               that
               Foundation
               .
               Therefore
               ,
               when
               the
               old
               Law
               and
               this
               bloody
               Priesthood
               were
               grown
               to
               an
               end
               ,
               and
               going
               out
               of
               the
               world
               ,
               and
               that
               the
               Priests
               of
               the
               Gospel
               were
               entring
               in
               their
               room
               into
               the
               world
               ;
               our
               Saviour
               commanded
               Peter
               to
               
                 put
                 up
                 his
                 sword
              
               ;
               for
               now
               ,
               
                 Arma
                 horrentia
                 Martis
                 rejicienda
              
               ;
               and
               
                 stola
                 candida
                 induenda
                 fuit
              
               .
               Tho'
               then
               some
               Priests
               in
               the
               old
               Law
               and
               many
               thousand
               Levites
               were
               Martial-men
               ,
               yet
               for
               many
               hundred
               years
               in
               the
               time
               of
               the
               Gospel
               ,
               I
               read
               not
               of
               any
               :
               insomuch
               ,
               that
               the
               succeeding
               ages
               desiring
               a
               Martial
               Saint
               ,
               were
               driven
               to
               suppose
               St.
               George
               .
               Whether
               therefore
               these
               Laws
               of
               the
               Church
               ,
               which
               at
               this
               day
               prohibit
               Clergy-men
               to
               meddle
               with
               matters
               of
               blood
               ,
               be
               meerly
               
                 ex
                 jure
                 positivo
              
               ,
               or
               
                 ex
                 divino
                 mixto
              
               ,
               I
               leave
               it
               to
               the
               determination
               of
               the
               Reverend
               Divines
               .
            
             
               4.
               
               Concerning
               the
               Cases
               alledg'd
               out
               of
               the
               Decretals
               :
               it
               is
               true
               that
               the
               Rubrick
               is
               ,
               
                 Homicidium
                 casuale
                 non
                 imputatur
                 ei
                 qui
                 non
                 fuit
                 in
                 culpa
              
               ;
               and
               
                 Homicidium
                 casuale
                 non
                 imputatur
                 ei
                 qui
                 dedit
                 operam
                 rei
                 licitae
                 ,
                 nec
                 fuit
                 in
                 culpa
                 .
              
               And
               so
               likewise
               ,
               is
               that
               alledg'd
               out
               of
               the
               Gloss
               thereupon
               ,
               and
               out
               of
               Bracton
               .
               But
               let
               us
               parallel
               the
               case
               in
               these
               with
               them
               ,
               which
               are
               as
               followeth
               .
            
             
               A.
               and
               P.
               two
               Clerks
               Sporting
               together
               ,
               A.
               by
               chance
               threw
               P.
               down
               ,
               who
               having
               a
               knife
               by
               his
               side
               ,
               the
               same
               happened
               to
               wound
               A.
               that
               he
               died
               .
               Pope
               Alexander
               III.
               commanded
               the
               Bishop
               of
               Exeter
               in
               this
               case
               to
               admit
               P.
               to
               holy
               Orders
               ;
               for
               Sporting
               was
               lawful
               .
            
             
               A
               sickly
               Chaplain
               being
               gotten
               upon
               an
               unruly
               Horse
               ,
               and
               he
               checking
               him
               with
               Bridle
               and
               Spur
               to
               stay
               him
               ,
               the
               Horse
               brake
               his
               Bridle
               ,
               cast
               his
               Master
               ,
               and
               running
               over
               a
               Woman
               coming
               by
               ,
               kill'd
               a
               Child
               in
               her
               arms
               .
               This
               Chaplain
               was
               admitted
               to
               holy
               Orders
               ,
               for
               that
               neither
               in
               Will
               nor
               Act
               he
               committed
               Homicide
               ,
               but
               also
               did
               a
               lawful
               Act.
               
            
             
               One
               being
               to
               unlade
               a
               Cart
               of
               Hay
               ,
               looked
               round
               about
               to
               see
               if
               any
               were
               near
               ,
               and
               seeing
               none
               ,
               threw
               a
               stack
               off
               the
               Cart
               ,
               and
               having
               unladed
               it
               ,
               a
               Boy
               was
               after
               found
               dead
               with
               a
               little
               stripe
               in
               his
               face
               .
               This
               Priest
               after
               Canonical
               purgation
               was
               admitted
               to
               his
               place
               .
            
             
             
               A
               Monk
               helping
               to
               take
               a
               Bell
               down
               out
               of
               a
               Steeple
               ,
               casually
               thrust
               down
               a
               piece
               of
               timber
               ,
               which
               bruised
               a
               Boy
               to
               death
               .
               The
               Monk
               is
               judged
               not
               uncapable
               of
               further
               Ecclesiastical
               Preferment
               ,
               for
               that
               the
               business
               was
               necessary
               ,
               and
               the
               place
               not
               for
               ordinary
               resort
               .
            
             
               A
               Priest
               tolling
               a
               Bell
               to
               Prayers
               ,
               the
               same
               fell
               and
               killed
               a
               Boy
               .
               The
               Bishop
               is
               commanded
               to
               suffer
               the
               Priest
               to
               execute
               his
               Function
               ,
               for
               
                 Nihil
                 potuit
                 imputari
                 ,
                 si
                 casus
                 omnes
                 fortuitos
                 non
                 praevidit
                 .
              
            
             
               Tho'
               there
               be
               many
               points
               in
               all
               these
               cases
               (
               and
               more
               in
               some
               than
               others
               ▪
               to
               excuse
               the
               Parties
               agent
               ;
               yet
               will
               I
               meddle
               only
               with
               those
               two
               which
               are
               most
               eminent
               ,
               and
               offer
               d
               by
               the
               Apologist
               ;
               that
               is
               ,
               Animus
               or
               
                 Intentio
                 innocua
              
               ,
               and
               
                 Actio
                 legitima
              
               .
               Touching
               the
               Intent
               ,
               none
               is
               so
               impious
               as
               to
               imagine
               that
               his
               Lordship
               intended
               to
               hurt
               any
               man
               :
               yet
               is
               there
               this
               difference
               between
               his
               intent
               and
               theirs
               in
               the
               cases
               alledged
               :
               they
               intended
               to
               hurt
               neither
               Man
               nor
               Beast
               ,
               he
               ,
               tho
               not
               to
               hurt
               a
               Man
               ,
               yet
               to
               kill
               a
               Beast
               :
               they
               ,
               
                 nihil
                 saevum
                 aut
                 non
                 legitimum
              
               :
               he
               ,
               
                 legitimum
                 quiddam
                 sed
                 tamen
                 saevum
              
               .
               For
               there
               is
               a
               kind
               of
               cruelty
               in
               the
               slaughter
               of
               every
               thing
               ;
               and
               therefore
               in
               the
               old
               Law
               
                 (
                 Lev.
              
               17.
               13.
               )
               
                 He
                 that
                 taketh
                 any
                 beast
                 or
                 fowl
                 by
                 hunting
                 that
                 may
                 be
                 eaten
                 ;
                 shall
                 pour
                 out
                 the
                 blood
                 thereof
                 ,
                 and
                 cover
                 it
                 with
                 dust
              
               ;
               that
               the
               cruelty
               appear
               not
               ,
               as
               ●
               take
               it
               .
               And
               in
               our
               Law
               ,
               those
               that
               were
               exercised
               in
               slaughter
               of
               Beasts
               ,
               were
               not
               received
               to
               be
               tryers
               of
               the
               life
               of
               a
               Man.
               Much
               is
               to
               be
               said
               out
               of
               Histories
               to
               this
               purpose
               .
            
             
               But
               to
               come
               to
               the
               point
               whereon
               all
               dependeth
               ,
               Whether
               the
               Action
               his
               Lordship
               was
               now
               about
               ,
               be
               lawful
               or
               not
               ?
               The
               places
               of
               Azorius
               and
               Ivo
               are
               truly
               cited
               ;
               and
               I
               doubt
               them
               not
               to
               be
               Law
               :
               that
               is
               ,
               to
               this
               effect
               ,
               
                 That
                 it
                 worketh
                 no
                 Irregularity
                 ,
                 where
                 ,
                 in
                 a
                 lawful
                 action
                 a
                 Clerk
                 killeth
                 a
                 Man
                 casually
                 ,
                 having
                 first
                 used
                 all
                 diligence
                 to
                 prevent
                 it
                 .
              
               And
               it
               appeareth
               that
               his
               Lordship
               did
               this
               so
               carefully
               ,
               that
               all
               were
               continually
               called
               upon
               ,
               not
               only
               to
               stand
               off
               ,
               but
               so
               farr
               off
               as
               sheweth
               his
               Lordship
               to
               be
               very
               unskilful
               in
               the
               use
               of
               his
               Bow
               ;
               and
               may
               therefore
               touch
               him
               in
               Discretion
               for
               meddling
               with
               so
               dangerous
               an
               Engine
               in
               so
               great
               an
               Assembly
               ;
               and
               consequently
               produce
               Irregularity
               even
               by
               the
               words
               of
               Azorius
               alledged
               to
               excuse
               him
               ,
               tho'
               the
               action
               be
               lawful
               :
               
                 nam
                 tunc
                 quamvis
                 homicidium
                 casu
                 sequatur
                 ,
                 ob
                 culpam
                 nostram
                 levem
                 vel
                 levissimam
                 ,
                 multorum
                 est
                 opinio
                 Irregularitatem
                 contrahi
                 .
              
            
             
               But
               not
               to
               fall
               from
               the
               tree
               by
               reaching
               at
               a
               twig
               ;
               we
               will
               rest
               upon
               the
               chief
               Station
               in
               the
               case
               ,
               the
               Nature
               of
               the
               Action
               ;
               which
               tho'
               it
               be
               forbidden
               ,
               yet
               according
               to
               
                 Soto
                 ,
                 Covarruvias
              
               and
               Suarez
               (
               as
               it
               is
               alledged
               )
               induceth
               not
               Irregularity
               when
               Homicide
               follows
               thereon
               ,
               if
               it
               be
               not
               therefore
               forbidden
               ,
               because
               it
               may
               draw
               on
               Homicide
               :
               concluding
               ,
               that
               tho'
               Hunting
               be
               forbidden
               to
               a
               Clergy-man
               ,
               yet
               for
               that
               it
               is
               not
               forbidden
               in
               respect
               of
               danger
               of
               Life
               ,
               but
               for
               Decency
               ,
               &c.
               
               Irregularity
               followeth
               not
               thereupon
               .
               As
               for
               Covarruvias
               and
               Suarez
               ,
               I
               have
               them
               not
               ;
               but
               Soto
               is
               not
               happily
               alledged
               .
               For
               tho'
               he
               incline
               to
               that
               opinion
               (
               with
               Cajetan
               )
               yet
               he
               taketh
               a
               a
               distinction
               that
               woundeth
               the
               Case
               in
               question
               ;
               and
               that
               is
               ,
               
                 Venatione
                 ,
                 quae
                 armis
                 &
                 telis
                 fit
                 ,
                 profecto
                 siet
                 Clericus
                 irregularis
                 :
              
               and
               this
               falleth
               out
               to
               be
               now
               the
               Case
               .
               For
               this
               Hunting
               was
               perform'd
               with
               a
               Cross-bow
               ,
               a
               deadly
               and
               a
               dangerous
               weapon
               ,
               that
               hath
               been
               the
               occasion
               of
               many
               bloody
               misfortunes
               .
               But
               in
               a
               former
               passage
               ,
               Soto
               also
               saith
               ,
               that
               Cajetan
               and
               Sylvester
               and
               
                 Doctores
                 ●uris
                 Canonici
                 universalem
                 regulam
                 astruunt
                 ,
                 quod
                 omnis
                 qui
                 dat
                 operam
                 rei
                 illi●itae
                 ,
                 quandocunque
                 ex
                 illa
                 datione
                 sequatur
                 homicidium
                 ,
                 fiat
                 irregularis
                 .
              
               And
               
                 Azpilcu●ta
                 Navarrus
              
               saith
               ,
               that
               Cajetan
               in
               the
               other
               place
               (
               and
               by
               consequence
               Sotus
               )
               is
               to
               be
               understood
               with
               a
               limitation
               ,
               as
               meaning
               
                 Venationem
                 passerum
                 &
                 perdi●um
                 ad
                 aucupis
                 cantum
                 ,
                 vel
                 accipitris
                 ,
                 sine
                 armis
                 in
                 provinciis
                 —
                 non
                 venationem
                 ursorum
                 ,
                 aprorum
                 ,
                 &
                 cervorum
                 ,
                 quae
                 armis
                 exercetur
                 .
              
               Enchirid.
               cap.
               27.
               
               Sect.
               237.
               
               Wherein
               ,
               the
               distinction
               he
               taketh
               ,
               making
               a
               main
               difference
               between
               
                 Venationem
                 ludi●ram
              
               and
               
                 Venationem
                 Martiam
              
               ,
               concludeth
               plainly
               ,
               the
               Case
               in
               hand
               to
               have
               wrought
               Irregularity
               .
               And
               the
               Apologist
               finding
               no
               sure
               
               ground
               in
               this
               Assertion
               ,
               buildeth
               no
               otherwise
               upon
               it
               ,
               than
               
                 if
                 it
                 be
                 true
                 as
                 out
                 of
                 great
                 reason
              
               (
               he
               saith
               )
               
                 it
                 may
                 be
                 so
                 held
              
               :
               and
               passeth
               from
               it
               to
               his
               chiefest
               place
               of
               refuge
               ,
               shewing
               that
               the
               Canon
               that
               makes
               Hunting
               to
               be
               
                 actio
                 illicita
              
               doth
               no
               way
               touch
               his
               Lordship
               .
            
             
               First
               ,
               for
               that
               upon
               the
               matter
               there
               is
               no
               such
               Canon
               :
               insomuch
               as
               Gratian
               himself
               (
               that
               collected
               the
               Canons
               )
               brandeth
               this
               to
               be
               Palea
               and
               no
               better
               than
               Chaff
               .
               It
               is
               true
               ,
               he
               brandeth
               it
               with
               the
               term
               Palea
               ,
               and
               was
               a
               worthy
               Man
               ;
               but
               noted
               generally
               to
               have
               mistaken
               many
               things
               ,
               and
               some
               extremely
               .
               But
               if
               that
               be
               the
               meaning
               of
               the
               word
               ,
               his
               error
               seemeth
               very
               perspicuous
               ,
               as
               finding
               this
               Canon
               ascribed
               to
               the
               Council
               of
               Orleans
               and
               not
               finding
               it
               there
               ,
               he
               presently
               branded
               it
               ,
               Palea
               .
               But
               the
               Canonists
               have
               many
               other
               opinions
               of
               it
               ,
               as
               to
               signifie
               
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
              
               antiqua
               ;
               or
               of
               
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
              
               
                 rursum
                 .
                 John
                 Andrea
                 ,
                 Imota
                 ,
                 Alexandrinus
              
               and
               Jason
               ,
               famous
               Professors
               ,
               think
               this
               title
               to
               be
               put
               over
               the
               heads
               of
               many
               Canons
               ,
               to
               signifie
               they
               were
               added
               by
               Protopalea
               a
               Cardinal
               ,
               since
               Gratian's
               time
               .
               And
               experience
               excludeth
               the
               first
               interpretation
               of
               the
               word
               ,
               for
               that
               the
               Canons
               so
               entituled
               are
               very
               many
               ,
               and
               not
               rejected
               as
               spurii
               or
               palea
               .
               Besides
               ,
               Burchard
               Bishop
               of
               Wormes
               ,
               who
               lived
               long
               before
               Gratian
               ,
               hath
               this
               very
               Canon
               in
               his
               second
               Book
               ,
               cap.
               213.
               and
               there
               ascribed
               (
               as
               it
               ought
               )
               to
               the
               Council
               of
               Meldis
               ;
               as
               also
               by
               
                 Ivo
                 ,
                 part
              
               .
               6.
               ca.
               288.
               
               If
               then
               it
               be
               any
               where
               in
               the
               Councils
               ,
               it
               sufficeth
               ;
               tho'
               the
               Collector
               mistook
               the
               place
               ,
               which
               is
               easily
               done
               :
               as
               even
               the
               Evangelist
               
                 Matthew
                 (
                 ca.
              
               27.
               9.
               
               )
               citeth
               a
               place
               out
               of
               the
               Prophet
               Jeremy
               ,
               which
               is
               not
               found
               there
               ,
               but
               in
               Zachariah
               .
            
             
               It
               is
               apparent
               also
               that
               many
               Copies
               of
               Councils
               are
               unperfect
               ,
               and
               want
               some
               of
               the
               true
               Canons
               ,
               as
               neglected
               or
               not
               finished
               by
               the
               Notary
               .
               But
               if
               need
               be
               ,
               this
               Canon
               hath
               further
               warrant
               ,
               even
               from
               the
               times
               almost
               of
               the
               primitive
               Church
               .
               For
               in
               
                 Concil
                 .
                 Agathensi
              
               ,
               of
               35.
               
               Bishops
               in
               An.
               435.
               ca.
               55.
               it
               is
               said
               ,
               
                 Sacerdotes
                 &
                 Levitae
                 canibus
                 ad
                 venandum
                 &
                 accipitribus
                 non
                 utantur
                 .
              
               And
               in
               Concil
               .
               Epaunensi
               ,
               of
               70.
               
               Bishops
               ,
               in
               An.
               492.
               
               1
               
                 Vt
                 Episcopi
                 venatores
                 non
                 sint
                 ,
                 nec
                 accipitres
                 alant
                 .
              
               The
               Capitularies
               also
               of
               Ludovicus
               Imp.
               taking
               notice
               of
               it
               ,
               about
               the
               year
               820.
               prohibiteth
               Priests
               ,
               
                 ut
                 Venationes
                 ferarum
                 vel
                 avium
                 minime
                 sectentur
                 .
              
               Addit
               .
               3.
               ca.
               43.
               
               So
               that
               we
               have
               no
               reason
               to
               account
               this
               Canon
               either
               supposititium
               or
               paleam
               ;
               but
               rather
               to
               be
               (
               as
               it
               is
               indeed
               )
               
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
              
               antiquum
               or
               
                 ex
                 antiquis
              
               .
               According
               to
               which
               sense
               ,
               the
               Canons
               of
               like
               nature
               in
               the
               Laws
               of
               the
               Wisigoths
               or
               Western-Goths
               are
               in
               every
               passage
               intituled
               by
               the
               very
               Latin
               word
               (
               not
               the
               Greek
               )
               Antiqua
               .
               And
               Justinian
               himself
               seemeth
               to
               have
               had
               this
               Distinction
               in
               his
               eye
               ,
               when
               he
               called
               his
               later
               Constitutions
               
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
              
               ,
               i.
               e.
               Novellas
               ,
               that
               so
               they
               might
               be
               mark'd
               from
               those
               of
               old
               ,
               which
               Cedrinus
               in
               Justinian's
               life
               calleth
               
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
              
               ,
               
                 Leges
                 antiquas
              
               .
            
             
               His
               second
               Objection
               is
               ,
               That
               it
               is
               cited
               out
               of
               the
               fourth
               Council
               of
               Orleans
               ,
               and
               it
               is
               not
               there
               .
               This
               we
               have
               already
               answered
               ,
               and
               shewed
               where
               it
               is
               .
            
             
               Thirdly
               ,
               he
               saith
               it
               forbiddeth
               Hunting
               
                 cum
                 canibus
                 &
                 accipitribus
              
               ,
               and
               none
               of
               these
               were
               there
               .
               It
               is
               strange
               ,
               a
               Keeper
               should
               go
               about
               to
               strike
               a
               Deer
               ,
               and
               not
               have
               his
               Lyme-hound
               to
               draw
               after
               him
               .
               But
               the
               Canon
               goeth
               further
               ,
               
                 Canes
                 ad
                 venandum
                 ,
                 aut
                 Accipitres
                 ,
                 aut
                 hujusmodi
                 res
                 habere
                 non
                 licet
                 .
              
               Where
               
                 hujusmodi
                 res
              
               seemeth
               to
               contain
               all
               instruments
               used
               in
               Hunting
               .
            
             
               Fourthly
               ,
               
                 voluptatis
                 causa
              
               ;
               not
               recreationis
               or
               
                 valetudinis
                 ,
                 which
                 the
                 Books
                 say
                 is
                 permitted
              
               etiam
               Episcopo
               .
               What
               his
               Books
               say
               ,
               I
               know
               not
               ;
               but
               my
               Book
               saith
               thus
               :
               
                 Dic
                 breviter
                 ,
                 quod
                 venari
                 causa
                 voluptatis
                 est
                 mortale
                 peccatum
                 ,
                 &
                 in
                 laico
                 ;
                 sed
                 venari
                 causa
                 necessitatis
                 vel
                 indigentiae
                 corporis
                 non
                 est
                 mortale
                 peccatum
                 ;
                 in
                 Clerico
                 tamen
                 potius
                 prohibetur
                 .
              
               But
               he
               adjoineth
               ,
               
                 In
                 venatione
                 ,
                 potius
                 delectatio
                 quam
                 actus
                 attenditur
                 .
              
               Atho
               .
               in
               Othob
               .
               fol.
               114.
               b.
               Neither
               is
               there
               
               here
               any
               mention
               of
               Recreatio
               ,
               unless
               Delectatio
               and
               it
               be
               all
               one
               (
               as
               commonly
               we
               use
               it
               )
               and
               then
               forbidden
               .
               Besides
               ,
               what
               action
               or
               recreation
               belonging
               to
               health
               is
               there
               ,
               in
               letting
               off
               a
               Cross-bow
               ;
               wherein
               neither
               Head
               ,
               Hand
               nor
               Foot
               ,
               no
               ,
               not
               the
               nimblest
               member
               of
               the
               Body
               (
               the
               Eye
               )
               stirreth
               all
               that
               while
               .
            
             
               Fifthly
               ,
               the
               Canon
               hath
               ,
               
                 St
                 saepius
                 detentus
                 fuerit
                 ,
                 if
                 he
                 make
                 a
                 Life
                 or
                 Occupation
                 of
                 it
                 ,
                 which
                 his
                 Lordship
                 did
                 not
                 .
                 Burchard
              
               saith
               detectus
               ,
               and
               with
               more
               reason
               :
               and
               I
               suppose
               his
               Lordship
               useth
               it
               very
               temperately
               :
               yet
               the
               Apologist
               in
               his
               Fifth
               Section
               insinuateth
               ,
               that
               his
               Lordship
               doth
               it
               often
               .
            
             
               Sixthly
               ,
               whereas
               he
               saith
               that
               the
               Canon
               speaketh
               against
               
                 Clamosa
                 venatio
              
               ,
               not
               quieta
               or
               modesta
               ;
               I
               find
               no
               such
               word
               or
               distinction
               in
               the
               Canon
               :
               yet
               is
               there
               no
               doubt
               ,
               that
               if
               the
               Deer
               be
               not
               kill'd
               out
               of
               hand
               ;
               but
               in
               recovering
               him
               ,
               there
               must
               be
               both
               Clamor
               and
               Venatio
               .
            
             
               Thus
               he
               counteth
               the
               mouth
               of
               the
               Canon
               to
               be
               stopt
               .
               Yet
               because
               it
               is
               good
               to
               make
               sure
               work
               with
               so
               dangerous
               an
               object
               ,
               now
               he
               setteth
               Law
               upon
               Law
               ,
               the
               Common
               against
               the
               Canon
               or
               at
               least
               the
               Statute
               ,
               which
               indeed
               hath
               crack'd
               a
               great
               sort
               of
               Canons
               .
               
                 That
                 by
                 the
                 Statute
                 of
                 Henry
                 VIII
                 .
                 35.
                 ca.
                 16.
                 
                 No
                 Canon
                 is
                 in
                 force
                 in
                 England
                 ,
                 which
                 was
                 not
                 in
                 use
                 ,
                 or
                 is
                 contrary
                 or
                 derogatory
                 to
                 the
                 Laws
                 or
                 Statutes
                 of
                 this
                 Realm
                 ,
                 or
                 to
                 the
                 Prerogatives
                 of
                 the
                 Royal
                 Crown
              
               .
               Of
               which
               sort
               (
               he
               saith
               )
               this
               is
               one
               ,
               and
               gives
               his
               reasons
               :
               for
               in
               
                 Charta
                 de
                 Foresta
              
               Arch-bishops
               and
               Bishops
               by
               name
               
                 have
                 liberty
                 to
                 Hunt
              
               :
               and
               13.
               
               Ric.
               II.
               ca.
               13.
               
               
                 A
                 Clergy-man
                 who
                 hath
              
               10l.
               
                 by
                 the
                 year
                 ,
                 may
                 keep
                 Grey-hounds
                 to
                 Hunt.
                 
              
            
             
               The
               name
               of
               
                 Charta
                 de
                 Foresta
              
               (
               and
               also
               of
               Hunting
               )
               is
               ,
               
                 Clero
                 lachrimabile
                 nomen
              
               .
               For
               the
               first
               breach
               that
               ever
               was
               made
               into
               the
               freedom
               of
               Clergy-men
               ,
               and
               which
               gave
               passage
               to
               all
               that
               followed
               ,
               rose
               from
               the
               occasion
               of
               Clergy-mens
               
                 Hunting
                 in
                 Forests
              
               :
               which
               Henry
               II.
               greatly
               discontented
               with
               ,
               never
               rested
               ,
               till
               by
               assent
               of
               the
               Pope's
               Legate
               
                 Hugo
                 Petro-leonis
              
               ,
               he
               obtained
               a
               Law
               in
               the
               twenty
               first
               year
               of
               his
               reign
               ,
               
                 An.
                 Dom.
              
               1157.
               
               To
               convent
               them
               therefore
               before
               secular
               Judges
               ,
               and
               there
               to
               punish
               them
               .
            
             
               But
               to
               our
               purpose
               :
               There
               is
               no
               contradiction
               (
               as
               I
               take
               it
               )
               between
               the
               Canon
               
                 de
                 Clerico
                 Venatore
              
               ,
               and
               Charta
               or
               
                 Statutum
                 de
                 Foresta
              
               .
               The
               Canon
               doth
               say
               ,
               They
               shall
               not
               Hunt
               ;
               and
               the
               Statute
               doth
               not
               say
               they
               shall
               .
               The
               words
               of
               the
               Statute
               ca.
               17.
               are
               thus
               :
               
                 
                   An
                   Arch-bishop
                   ,
                   Bishop
                   ,
                   Earl
                   ,
                   or
                   Baron
                   coming
                   to
                   us
                   upon
                   our
                   command
                   and
                   passing
                   through
                   our
                   Forest
                   ,
                   Liccat
                   ei
                   capere
                   unam
                   bestiam
                   vel
                   duas
                   ,
                   per
                   visum
                   Forestarii
                   ,
                   si
                   praesens
                   fuerit
                   :
                   sin
                   autem
                   ,
                   faciat
                   cornare
                   ,
                   ne
                   videatur
                   furtum
                   facere
                   .
                
              
               Here
               is
               no
               word
               of
               Hunting
               ;
               but
               that
               they
               may
               take
               a
               Deer
               ;
               and
               this
               they
               will
               say
               cannot
               be
               but
               either
               with
               Dogs
               or
               Engine
               ,
               and
               so
               consequently
               by
               Hunting
               .
               But
               the
               very
               words
               of
               
                 Charta
                 de
                 Foresta
              
               seem
               to
               shew
               ,
               that
               it
               was
               not
               meant
               ,
               the
               Bishop
               should
               be
               an
               Huntsman
               ,
               for
               that
               it
               admitteth
               him
               not
               to
               have
               so
               much
               skill
               in
               Hunting
               as
               to
               wind
               an
               Horn
               ,
               tho'
               that
               by
               no
               Law
               or
               Canon
               be
               forbidden
               to
               him
               .
               And
               therefore
               saith
               not
               ,
               
                 Corniat
                 ipse
              
               ,
               but
               
                 Faciat
                 corniare
              
               ,
               let
               him
               cause
               an
               Horn
               to
               be
               blown
               ,
               &c.
               
               I
               conceive
               the
               meaning
               to
               be
               ,
               that
               the
               Bishops
               and
               Barons
               shall
               each
               of
               them
               take
               as
               they
               may
               ;
               the
               Barons
               by
               Hunting
               (
               if
               they
               will
               )
               in
               their
               own
               Persons
               ;
               the
               Bishops
               as
               they
               may
               ,
               by
               the
               hands
               of
               their
               Officers
               and
               Servants
               .
               It
               is
               a
               common
               phrase
               in
               all
               old
               Charters
               ,
               that
               the
               Bishops
               shall
               have
               Sac
               and
               
                 Soc
                 ,
                 Toll
              
               and
               Team
               ,
               &c.
               i.
               e.
               
                 cognisance
                 of
                 plea
                 ,
                 suit
                 of
                 Court
                 ,
                 toll
                 ,
                 and
                 such
                 other
                 customs
                 :
              
               shall
               we
               intend
               ,
               that
               he
               must
               take
               these
               in
               his
               own
               Person
               ?
               No
               ;
               it
               was
               not
               Henry
               the
               third's
               meaning
               ,
               when
               he
               granted
               the
               Charter
               of
               the
               Forest
               ,
               to
               break
               the
               Laws
               of
               the
               Church
               :
               for
               at
               the
               same
               time
               in
               
                 Magna
                 Charta
              
               ca.
               1.
               he
               granteth
               ,
               that
               the
               Church
               shall
               have
               
                 Omnia
                 jura
                 sua
                 integra
                 &
                 libertates
                 suas
                 illaesas
              
               ;
               which
               could
               not
               possibly
               be
               ,
               if
               by
               his
               Charter
               he
               changed
               the
               Canons
               of
               the
               Church
               ,
               especially
               in
               matters
               of
               Doctrine
               and
               Conscience
               :
               as
               ,
               when
               the
               Church
               teacheth
               that
               a
               Clerk
               may
               not
               
               be
               a
               Huntsman
               ,
               for
               him
               to
               say
               that
               he
               shall
               be
               .
               Doubtless
               ,
               if
               he
               would
               ,
               the
               Clergy
               would
               not
               then
               accept
               it
               .
            
             
               In
               the
               person
               of
               a
               Bishop
               there
               be
               three
               distinct
               Faculties
               :
               his
               
                 Spiritual
                 Function
              
               ,
               wherein
               he
               is
               a
               Bishop
               ;
               his
               
                 Legal
                 Ability
              
               ,
               wherein
               he
               is
               a
               Lay-man
               and
               hath
               liberty
               to
               contract
               ,
               &c.
               and
               his
               
                 Temporal
                 Dignity
              
               ,
               wherein
               he
               is
               a
               Baron
               and
               Peer
               of
               the
               Realm
               ,
               and
               participateth
               their
               priviledges
               .
               I
               could
               put
               cases
               wherein
               every
               of
               these
               may
               be
               seen
               severed
               from
               the
               other
               ;
               but
               I
               should
               then
               wander
               from
               my
               matter
               .
               Only
               ,
               I
               present
               them
               thus
               Anatomy'd
               ,
               that
               it
               may
               appear
               what
               portion
               the
               Church
               had
               in
               them
               ,
               what
               the
               Common-wealth
               ,
               and
               what
               the
               King
               ;
               that
               so
               it
               may
               also
               the
               better
               appear
               how
               the
               Laws
               both
               of
               the
               Church
               and
               Kingdom
               are
               to
               be
               applyed
               unto
               them
               respectively
               .
            
             
               When
               therefore
               the
               King
               granted
               Temporal
               lands
               unto
               them
               ;
               tho'
               they
               took
               them
               as
               Lay-Barons
               ,
               and
               in
               their
               Temporal
               Capacity
               ,
               yet
               might
               they
               not
               otherwise
               use
               them
               than
               might
               stand
               with
               their
               Spiritual
               Function
               :
               no
               more
               than
               when
               he
               granted
               Ecclesiastical
               possessions
               to
               a
               Lay-man
               ,
               the
               Grantee
               might
               otherwise
               use
               them
               than
               as
               a
               Lay-man
               .
               For
               example
               ;
               it
               was
               a
               common
               thing
               in
               old
               time
               ,
               that
               the
               King
               granted
               Churches
               to
               Lay-men
               ,
               by
               the
               name
               of
               
                 Ecclesiam
                 de
                 Dale
              
               and
               
                 Ecclesiam
                 de
                 Sale
              
               ;
               yet
               it
               was
               never
               intended
               that
               the
               Grantee
               ,
               tho'
               he
               had
               the
               Churches
               to
               order
               and
               dispose
               ,
               should
               (
               contrary
               to
               his
               Vocation
               )
               meddle
               with
               the
               Divine
               Service
               ,
               but
               present
               his
               Clerk
               only
               .
               So
               in
               like
               manner
               ,
               when
               the
               King
               granted
               to
               Clergy-men
               ,
               Chaces
               ,
               Parks
               ,
               and
               Warrens
               ;
               it
               was
               not
               intended
               that
               (
               contrary
               to
               the
               rules
               of
               their
               Profession
               and
               Laws
               of
               the
               Church
               )
               they
               should
               or
               might
               become
               Hunters
               and
               Foresters
               .
            
             
               My
               long
               stay
               upon
               this
               point
               ,
               is
               a
               preparative
               to
               an
               answer
               to
               the
               next
               ,
               which
               is
               the
               Statute
               of
               Ric.
               II.
               being
               in
               the
               negative
               ,
               
                 That
                 no
                 Priest
                 nor
                 other
                 Clerk
                 ,
                 not
                 advanced
                 to
                 10l.
                 a
                 year
                 ,
                 shall
                 have
                 or
                 keep
                 any
                 Greyhound
                 ,
                 nor
                 other
                 Dog
                 to
                 Hunt
                 ;
                 nor
                 they
                 shall
                 not
                 use
                 Ferrets
                 ,
                 Hayes
                 ,
                 Nets
                 ,
                 Hare-pipes
                 ,
                 nor
                 Cords
                 ,
                 nor
                 other
                 Engines
                 ,
                 for
                 to
                 take
                 and
                 destroy
                 Deer
                 ,
                 Hares
                 ,
                 nor
                 Conies
                 ,
                 &c.
                 upon
                 pain
                 of
                 one
                 years
                 imprisonment
                 .
              
               The
               Statute
               (
               I
               say
               )
               is
               in
               the
               Negative
               ,
               and
               saith
               
                 that
                 none
                 under
              
               10l.
               
                 a
                 year
                 shall
                 keep
              
               ;
               but
               saith
               not
               in
               the
               Affirmative
               ,
               That
               it
               shall
               be
               lawful
               for
               them
               that
               have
               10l.
               a
               year
               to
               keep
               ,
               &c.
               
               I
               should
               therefore
               think
               ,
               that
               this
               Statute
               doth
               not
               discharge
               a
               Priest
               (
               having
               10l.
               a
               year
               and
               using
               Hunting
               )
               against
               the
               Canon-Law
               :
               no
               more
               than
               the
               Statute
               of
               Vsury
               ,
               forbidding
               a
               Man
               to
               take
               above
               10l.
               loan
               for
               an
               100
               l
               ,
               giveth
               him
               liberty
               to
               take
               that
               10l.
               or
               doth
               discharge
               him
               against
               the
               Canons
               of
               Vsury
               .
            
             
               Touching
               his
               inference
               ,
               that
               Linwood
               speaketh
               not
               one
               word
               against
               Hunting
               simply
               by
               Clergy-men
               ,
               but
               against
               their
               using
               it
               in
               places
               restrained
               ;
               it
               is
               true
               ,
               for
               the
               Text
               of
               the
               Canon
               led
               him
               no
               further
               ;
               being
               only
               
                 De
                 Clerico
                 ,
                 de
                 Transgressione
                 Forestae
                 aut
                 Parci
                 alicujus
                 diffamato
                 ,
              
               and
               made
               to
               no
               other
               intent
               than
               to
               aggravate
               the
               censure
               of
               the
               Ecclesiastical
               Law
               ,
               which
               before
               was
               not
               sharp
               enough
               against
               Offenders
               in
               that
               kind
               .
               But
               
                 Johannes
                 de
                 Athon
              
               (
               as
               great
               a
               Canonist
               and
               somewhat
               elder
               ,
               whom
               Linwood
               often
               citeth
               and
               relyeth
               upon
               as
               one
               well
               understanding
               the
               Ecclesiastical
               Constitutions
               and
               the
               Laws
               of
               England
               )
               hath
               apparently
               condemned
               it
               in
               the
               place
               by
               me
               recited
               .
               Yet
               is
               it
               to
               be
               noted
               ,
               that
               neither
               Athon
               nor
               Linwood
               intended
               to
               Gloss
               upon
               all
               the
               Constitutions
               of
               the
               Church
               of
               England
               ;
               but
               Athon
               only
               upon
               those
               of
               Otho
               and
               Othobon
               ;
               and
               Linwood
               (
               beginning
               where
               Athon
               left
               )
               upon
               those
               of
               Stephen
               Arch-bishop
               of
               Canterbury
               and
               his
               Successors
               .
               There
               are
               therefore
               a
               great
               number
               of
               Canons
               and
               Constitutions
               of
               the
               Church
               of
               England
               ,
               which
               neither
               of
               these
               Canonists
               have
               either
               meddled
               with
               or
               so
               much
               as
               touched
               :
               as
               also
               there
               be
               many
               Statutes
               in
               force
               ,
               which
               are
               no
               where
               mentioned
               in
               any
               of
               the
               Abridgements
               .
               But
               
                 Jo.
                 de
                 Burgo
              
               (
               another
               English
               Canonist
               and
               Chancellour
               of
               Cambridge
               ,
               who
               wrote
               in
               Richard
               the
               Second's
               time
               )
               taketh
               
               notice
               of
               this
               Canon
               ,
               and
               that
               Hunting
               was
               thereby
               forbidden
               to
               our
               Clergy-men
               ,
               as
               appeareth
               in
               his
               
                 Pupilla
                 Oculi
              
               part
               .
               7.
               ca.
               10.
               m
               1
               .
            
             
               To
               go
               on
               .
               The
               Apology
               saith
               ,
               
                 That
                 the
                 Arch-bishop
                 of
                 Canterbury
                 had
                 formerly
                 more
                 than
                 twenty
                 Parks
                 and
                 Chases
                 ,
                 to
                 use
                 at
                 his
                 pleasure
                 ,
                 and
                 by
                 Charter
                 hath
                 Free-warren
                 in
                 all
                 his
                 lands
                 .
              
            
             
               
                 Habutsse
                 ,
                 lugubre
              
               :
               it
               seemeth
               the
               Wisdom
               of
               the
               latter
               times
               (
               the
               more
               p●ty
               ▪
               dissented
               from
               the
               former
               ;
               yet
               did
               not
               the
               former
               approve
               that
               Bishops
               should
               use
               them
               at
               their
               pleasure
               ,
               but
               as
               the
               Laws
               and
               Canons
               of
               the
               Church
               permitted
               .
               For
               as
               they
               had
               many
               Parks
               and
               Warrens
               ;
               so
               had
               they
               many
               Castles
               and
               Fortresses
               ,
               and
               might
               for
               their
               safety
               dwell
               in
               them
               :
               but
               as
               they
               might
               not
               be
               Souldiers
               in
               the
               one
               ,
               so
               might
               they
               not
               be
               Huntsmen
               in
               the
               other
               .
               In
               like
               sort
               ,
               the
               Abbat
               and
               Monks
               of
               St.
               Alban's
               (
               as
               
                 Mat.
                 Paris
              
               reporteth
               the
               case
               in
               An.
               1240.
               pa.
               205.
               )
               had
               Free-warren
               at
               St.
               Alban's
               ,
               &c.
               by
               grant
               of
               the
               Kings
               ,
               and
               recovered
               damages
               against
               many
               that
               enter'd
               into
               the
               same
               and
               Hunted
               :
               for
               the
               having
               of
               it
               was
               lawful
               ,
               as
               appeareth
               in
               the
               Clementines
               Tit.
               
                 de
                 Statu
                 Monast
              
               .
               §
               .
               
                 Porro
                 a
                 Venatoribus
              
               .
               But
               it
               is
               there
               expresly
               forbidden
               ,
               that
               either
               they
               should
               Hunt
               in
               it
               themselves
               ,
               or
               be
               present
               when
               others
               do
               Hunt
               ,
               or
               that
               they
               should
               keep
               
                 Canes
                 venaticos
                 aut
                 infra
                 monasteria
                 seu
                 domus
                 quas
                 inhabitant
                 ,
                 aut
                 eorum
                 clausuras
                 ,
                 pa.
              
               207.
               
               
                 Radulphus
                 de
                 Diceto
              
               in
               An.
               1189.
               saith
               ,
               That
               the
               Bishops
               of
               that
               time
               affected
               to
               get
               into
               their
               hands
               
                 Comitatus
                 ,
                 Vice-Comitatus
                 ,
                 vel
                 Castellarias
              
               ;
               Counties
               ,
               Sheriffwicks
               ,
               and
               Constable-ships
               of
               Castles
               ;
               but
               shall
               we
               think
               they
               either
               did
               or
               might
               use
               them
               in
               their
               own
               Persons
               ,
               as
               ,
               with
               Banners
               display'd
               to
               lead
               forth
               the
               Souldiers
               of
               their
               County
               ,
               or
               with
               Sword
               and
               Target
               to
               defend
               the
               walls
               of
               their
               Castles
               ,
               or
               with
               a
               white
               wand
               to
               collect
               the
               King's
               Revenues
               ,
               &c.
               
               It
               is
               true
               ,
               that
               Walter
               Bishop
               of
               Durham
               ,
               having
               bought
               the
               County
               of
               Northumberland
               of
               William
               the
               Conquerour
               ,
               would
               needs
               sit
               himself
               in
               the
               County-Court
               ;
               but
               he
               paid
               dearly
               for
               it
               :
               for
               his
               Country-men
               furiously
               slew
               him
               ,
               even
               sitting
               there
               .
               
                 Matt.
                 Paris
              
               in
               An.
               1075.
               
               So
               Hugh
               Bishop
               of
               Coventry
               exercised
               the
               Sheriff's
               place
               ,
               but
               was
               excommunicate
               for
               it
               ,
               as
               
                 contra
                 dignitatem
                 Episc
              
               .
               and
               so
               acknowledged
               his
               error
               .
               
                 Dicet
                 .
                 in
                 An.
              
               1190.
               
            
             
               But
               every
               one
               will
               say
               ,
               It
               was
               a
               common
               thing
               in
               old
               time
               for
               Bishops
               to
               be
               Judges
               in
               secular
               Courts
               .
               I
               confess
               it
               ;
               and
               think
               it
               godly
               and
               lawful
               as
               it
               was
               used
               at
               the
               first
               .
               For
               the
               Bishop
               and
               the
               Earl
               sat
               together
               in
               the
               County-Court
               :
               the
               Bishop
               as
               Chancellor
               ,
               to
               deliver
               
                 Dei
                 rectum
              
               and
               
                 populum
                 do●ere
              
               ;
               the
               Earl
               as
               Secular
               Judge
               ,
               to
               deliver
               
                 rectum
                 seculi
              
               and
               
                 populum
                 coercere
              
               ;
               as
               is
               manifest
               by
               the
               Laws
               of
               King
               Edgar
               and
               others
               .
               But
               when
               the
               Bishops
               began
               to
               supply
               both
               places
               ,
               and
               to
               be
               meer
               Judges
               of
               Secular
               Courts
               ,
               then
               were
               they
               prohibited
               by
               many
               Canons
               .
               And
               therefore
               Roger
               Bishop
               of
               Salisbury
               being
               importuned
               by
               the
               King
               to
               be
               his
               Justice
               ;
               would
               by
               no
               means
               accept
               it
               ,
               till
               he
               had
               obtained
               Dispensation
               ,
               not
               only
               from
               his
               Metropolitan
               the
               Arch-bishop
               of
               Canterbury
               ,
               but
               from
               the
               Pope
               himself
               ,
               as
               Dicetus
               affirmeth
               in
               An.
               1190.
               and
               no
               doubt
               but
               others
               of
               wisdom
               did
               the
               like
               .
               In
               those
               things
               therefore
               that
               Bishops
               did
               against
               Canons
               ,
               we
               must
               take
               no
               example
               to
               follow
               them
               :
               for
               tho'
               their
               publick
               actions
               be
               manifest
               ,
               yet
               their
               dispensations
               and
               matter
               of
               excuse
               is
               for
               the
               most
               part
               secret
               .
               Neither
               doth
               every
               thing
               done
               against
               a
               Canon
               produce
               Irregularity
               ,
               if
               some
               criminous
               mischance
               follow
               not
               thereon
               .
            
             
               For
               the
               Record
               that
               relateth
               that
               the
               Bishop
               of
               Rochester
               was
               at
               his
               death
               to
               render
               to
               the
               Arch-bishop
               of
               Canterbury
               his
               kennel
               of
               Hounds
               as
               a
               mortuary
               ,
               and
               that
               the
               Law
               takes
               notice
               of
               it
               for
               the
               King
               
                 sede
                 vacante
              
               ,
               under
               the
               name
               of
               
                 Muta
                 canum
              
               and
               Mulctura
               :
               I
               must
               (
               as
               they
               say
               in
               the
               Law
               )
               demand
               Oyer
               of
               the
               Record
               ;
               we
               shall
               otherwise
               spend
               many
               words
               in
               vain
               .
               But
               
               that
               Dogs
               should
               be
               given
               for
               a
               Mortuary
               is
               against
               all
               likelyhood
               .
               For
               a
               Mortuary
               ,
               is
               as
               an
               offering
               given
               (
               by
               him
               that
               dieth
               )
               unto
               the
               Church
               ,
               in
               recompence
               of
               his
               Tithes
               forgotten
               ;
               and
               it
               is
               a
               plain
               Text
               ,
               Deuter.
               28.
               18.
               
               
                 Non
                 offeres
                 mercedem
                 prostibuli
                 ,
                 nec
                 pretium
                 canis
                 in
                 domo
                 Domini
                 .
              
               But
               if
               there
               be
               no
               other
               word
               to
               signify
               a
               
                 kennel
                 of
                 Hounds
              
               ,
               than
               
                 Muta
                 canum
              
               and
               Mulctura
               ,
               the
               exposition
               may
               be
               doubtful
               ,
               tho'
               it
               come
               somewhat
               near
               it
               .
               Freder
               .
               II.
               Emp.
               in
               the
               Prologue
               to
               his
               second
               Book
               
                 de
                 Venatione
              
               ,
               speaking
               of
               an
               Hawks-mue
               ,
               saith
               ,
               
                 Domicula
                 quae
                 dicitur
              
               Muta
               ;
               following
               the
               Italian
               Vulgar
               ,
               which
               cometh
               
                 à
                 mutando
              
               ,
               because
               the
               Hawk
               doth
               there
               change
               her
               coat
               .
               And
               for
               the
               affinity
               between
               
                 Dogs
                 and
                 Hawks
              
               ,
               it
               may
               be
               
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
              
               transferred
               to
               a
               Dog-kennel
               ;
               and
               whether
               to
               the
               Hounds
               themselves
               or
               no
               ,
               it
               is
               not
               much
               material
               .
               For
               ,
               no
               doubt
               ,
               they
               that
               may
               have
               Parks
               and
               Warrens
               ,
               may
               have
               Dogs
               and
               Hounds
               for
               Hunting
               :
               but
               every
               body
               that
               may
               have
               Hounds
               may
               not
               use
               them
               themselves
               ,
               as
               appeareth
               by
               that
               which
               I
               said
               before
               out
               of
               the
               Clementines
               ,
               and
               by
               the
               opinion
               of
               Justice
               Brudnel
               ,
               with
               the
               rest
               of
               the
               Judges
               ,
               12.
               
               Henr.
               VIII
               .
               fol.
               5.
               where
               it
               is
               said
               ,
               a
               man
               may
               keep
               Hounds
               notwithstanding
               the
               Statute
               of
               13.
               
               Ric.
               II.
               but
               he
               must
               not
               Hunt
               ;
               as
               he
               may
               keep
               Apparel
               of
               Cloth
               of
               Gold
               ,
               notwithstanding
               the
               Statute
               of
               Apparel
               ,
               but
               he
               must
               not
               wear
               it
               .
               Besides
               ,
               Religious
               persons
               in
               ancient
               times
               were
               driven
               to
               have
               Dog-kennels
               for
               the
               King's
               Hounds
               :
               for
               
                 Rad.
                 Niger
              
               in
               An.
               .....
               saith
               ,
               that
               King
               Henry
               II.
               
                 Abbates
                 ,
                 hypodromos
                 &
                 canum
                 custodes
                 fecit
                 .
              
            
             
               
                 After
                 all
                 this
                 ,
                 his
                 Lordship
                 is
                 defended
                 with
                 the
                 perpetual
                 use
                 of
                 Hunting
                 by
                 Bishops
                 in
                 their
                 Parks
                 ;
                 and
                 by
                 the
                 particular
                 examples
                 of
                 some
                 eminent
                 men
                 his
                 Predecessors
                 ,
                 and
                 others
                 .
                 This
                 point
                 of
                 use
                 and
                 example
                 I
                 have
                 in
                 a
                 manner
                 answered
                 before
                 ;
                 speaking
                 ,
                 as
                 it
                 fell
                 in
                 my
                 way
                 ,
                 of
                 Bishops
                 being
                 secular
                 Judges
                 .
                 One
                 line
                 serveth
                 to
                 level
                 at
                 them
                 both
                 :
                 yet
                 for
                 further
                 and
                 more
                 perspicuous
                 resolution
                 of
                 the
                 matter
                 ,
                 see
                 both
                 the
                 example
                 and
                 the
                 use
                 censured
                 in
                 the
                 Decret
                 .
                 34.
                 
                 Distinct
                 .
                 ca.
                 1.
                 by
                 Pope
              
               Nicholas
               ,
               ad
               Albinum
               Archiepisc
               .
               alias
               Aluinum
               .
               Quemadmodum
               relatione
               fidelium
               nostris
               auribus
               intimatum
               est
               ,
               quod
               Lanfredus
               Episcopus
               ,
               qui
               &
               juvenis
               esse
               dicitur
               ,
               venationi
               sit
               deditus
               ;
               quod
               vitium
               plurimos
               etiam
               de
               Clericali
               Catalogo
               ,
               genere
               duntaxat
               Germanos
               &
               Gallos
               irreverenter
               implicat
               ,
               Verum
               iste
               (
               si
               ita
               est
               ut
               audivimus
               )
               merito
               juvenis
               dicitur
               ,
               qui
               juvenilibus
               desideriis
               occupatus
               ,
               nulla
               gravitate
               constringitur
               .
               
                 Et
                 infra
              
               :
               Nam
               
                 (
                 ut
                 Beatus
                 dicit
                 Hieronymus
              
               )
               Venatorem
               nunquam
               legimus
               sanctum
               .
               
                 Then
                 blaming
                 him
                 also
                 for
                 being
                 too
                 familiar
                 with
                 his
                 daughter
                 ,
                 he
                 saith
                 ,
              
               Oportet
               ergo
               fraternitatem
               tuam
               Synodale
               cum
               Episcopis
               &
               Suffraganeis
               tuis
               convocare
               Concilium
               ,
               &
               hunc
               salutaribus
               colloquiis
               Episcopum
               convenire
               ,
               atque
               illi
               pastorali
               authoritate
               praecipere
               quatenus
               ab
               omnium
               bestiarum
               vel
               volucrum
               venatione
               penitus
               alienus
               existat
               :
               
                 or
                 (
                 in
                 short
                 )
                 to
                 Excommunicate
                 him
                 .
              
            
             
               Here
               he
               sheweth
               Hunting
               to
               be
               used
               both
               by
               a
               Bishop
               and
               by
               a
               multitude
               of
               Clerks
               ,
               
                 (
                 plurimos
                 .
              
               )
               But
               neither
               the
               Person
               and
               Dignity
               of
               the
               one
               ,
               not
               the
               multitude
               nor
               frequent
               use
               in
               the
               other
               ,
               maketh
               the
               Pope
               to
               abstain
               from
               condemning
               it
               .
               Howbeit
               ,
               they
               whose
               example
               the
               Apologist
               alledgeth
               ,
               little
               respected
               (
               as
               I
               think
               )
               the
               whole
               Volume
               of
               Canons
               .
            
             
               Touching
               the
               Record
               of
               the
               Earl
               of
               Arundel's
               Excommunication
               for
               taking
               up
               the
               Arch-bishop
               of
               Canterbury's
               Hounds
               coming
               into
               the
               Earl's
               grounds
               to
               Hunt
               ;
               and
               the
               Arch-bishop's
               pleading
               
                 That
                 it
                 was
                 lawful
                 for
                 him
                 to
                 Hunt
                 in
                 any
                 Forest
                 of
              
               England
               
                 whensoever
                 he
                 would
              
               ,
               we
               must
               (
               as
               we
               before
               said
               )
               pray
               Oyer
               of
               the
               Record
               ;
               for
               
                 parols
                 font
                 plea
              
               ,
               and
               their
               certainty
               appears
               not
               here
               ,
               nor
               what
               became
               of
               the
               issue
               :
               which
               ,
               tho'
               it
               fell
               out
               to
               be
               found
               for
               the
               Arch-bishop
               ,
               yet
               perhaps
               it
               discharged
               him
               not
               against
               the
               Canon
               .
               And
               well
               might
               he
               be
               as
               bold
               with
               the
               Canon
               ,
               as
               he
               was
               with
               the
               Law.
               For
               it
               is
               directly
               against
               the
               Law
               both
               of
               England
               and
               France
               ,
               to
               Excommunicate
               a
               Peer
               of
               the
               Realm
               without
               the
               King's
               assent
               :
               and
               therefore
               Henry
               III.
               was
               sore
               offended
               with
               the
               Arch-bishop
               for
               this
               Excommunication
               ;
               (
               and
               
               the
               Bishops
               of
               London
               and
               Norwich
               were
               called
               in
               question
               for
               the
               like
               in
               Henry
               the
               Second
               s
               time
               ;
               as
               
                 Matthew
                 Paris
              
               reporteth
               ,
               pa.
               99.
               )
               But
               because
               his
               case
               sways
               the
               cause
               to
               the
               ground
               ;
               I
               must
               dwell
               a
               little
               the
               longer
               upon
               it
               ,
               to
               shew
               what
               became
               of
               it
               .
               The
               truth
               is
               ,
               it
               was
               ended
               by
               comprise
               in
               the
               Chappel
               at
               Slyndon
               upon
               Friday
               after
               the
               Circumcision
               of
               our
               Lord
               ,
               1258.
               that
               is
               ,
               43.
               
               Henr.
               III.
               in
               this
               manner
               :
               
                 quod
                 idem
                 Archiepiscopus
                 &
                 successores
                 sui
                 semel
                 in
                 quolibet
                 anno
                 &
                 non
                 plus
                 ,
                 cum
                 transierint
                 per
                 dictam
                 Forestam
              
               (
               i.
               e.
               de
               Arundel
               
                 cum
                 una
                 lesia
                 de
                 sex
                 leporariis
                 sine
                 aliis
                 canibus
                 &
                 sine
                 arcu
                 habeant
                 unum
                 cursum
                 in
                 eundo
                 &
                 alium
                 in
                 redeundo
                 ;
                 ita
                 quod
                 si
                 capiant
                 unam
                 feram
                 ,
                 illam
                 habebunt
                 ;
                 si
                 nihil
                 capiant
                 in
                 illo
                 cursu
                 ,
                 nihil
                 habebunt
                 .
                 Si
                 vero
                 capiant
                 plus
                 quam
                 unam
                 feram
                 ,
                 Archiepiscopi
                 qui
                 pro
                 tempore
                 fuerint
                 ,
                 habeant
                 quam
                 elegerint
                 ,
                 &
                 residuum
                 habeant
                 dictus
                 Dominus
              
               Johannes
               &
               
                 haeredes
                 ejus
              
               ,
               &c.
               
               Then
               is
               it
               further
               awarded
               ,
               that
               the
               said
               Earl
               ,
               his
               Heirs
               ,
               and
               Assigns
               ,
               shall
               yearly
               for
               ever
               pay
               unto
               the
               said
               Arch-bishop
               and
               his
               Successors
               ,
               13.
               
               Bucks
               and
               13.
               
               Does
               ,
               
                 (
                 captas
                 de
                 fermysun
              
               as
               the
               Record
               saith
               )
               at
               times
               there
               appointed
               .
               And
               then
               followeth
               this
               close
               ,
               which
               maketh
               all
               plain
               ;
               
                 Et
                 actum
                 est
                 expresse
                 in●●r
                 partes
                 de
                 praecepto
                 &
                 ordinatione
                 dictorum
                 Arbitratorum
                 ,
                 quod
                 dictae
                 partes
                 procurabunt
                 confirmationem
                 Domini
                 Papae
                 &
                 Domini
                 Regis
                 super
                 praesenti
                 confirmatione
                 .
              
            
             
               By
               this
               Record
               it
               appeareth
               ,
               that
               neither
               the
               Earl
               could
               make
               this
               grant
               without
               Licence
               from
               the
               King
               ,
               (
               for
               that
               all
               Forests
               are
               the
               Kings
               ,
               and
               no
               Subject
               can
               have
               them
               otherwise
               than
               in
               custody
               )
               nor
               the
               Arch-bishop
               could
               safely
               use
               the
               priviledge
               of
               Hunting
               without
               dispensation
               from
               the
               Pope
               :
               and
               tho
               ●yet
               find
               not
               where
               the
               one
               was
               obtain'd
               from
               the
               Pope
               ,
               yet
               I
               find
               where
               the
               other
               was
               granted
               from
               the
               King
               ;
               and
               namely
               from
               Edward
               the
               First
               in
               the
               2
               d.
               year
               of
               his
               Reign
               ;
               where
               all
               the
               award
               and
               composition
               beforesaid
               ,
               is
               (
               by
               way
               of
               Inspeximus
               )
               recited
               and
               confirmed
               .
               But
               the
               composition
               for
               the
               Bucks
               and
               Does
               ,
               was
               after
               in
               Edw.
               the
               third's
               time
               released
               by
               the
               Arch-bishop
               
                 Simon
                 Islip
              
               ,
               having
               taken
               for
               the
               same
               240.
               marks
               ;
               as
               witness
               
                 Antiqq
                 .
                 Britann
                 .
                 ca.
              
               55.
               
            
             
               And
               it
               seemeth
               further
               by
               this
               Record
               ,
               that
               the
               Arch-bishops
               of
               Canterbury
               had
               not
               at
               that
               time
               dispensation
               from
               the
               Pope
               ,
               to
               Hunt
               where
               they
               listed
               
                 in
                 any
                 Forest
                 of
                 England
              
               ;
               for
               then
               should
               he
               not
               have
               needed
               special
               Dispensation
               in
               this
               case
               .
               But
               howsoever
               the
               Dispensation
               or
               Confirmation
               was
               hereupon
               obtain
               ;
               it
               is
               apparent
               that
               it
               stretched
               no
               further
               than
               to
               Hunt
               with
               Grey-hounds
               ;
               for
               the
               Bow
               is
               expresly
               forbidden
               and
               excepted
               .
            
             
               It
               may
               be
               ,
               some
               will
               extend
               the
               word
               Confirmation
               ,
               to
               be
               meant
               of
               some
               right
               of
               Hunting
               ,
               which
               the
               Arch-bishop
               (
               upon
               this
               arbitrement
               )
               was
               to
               disinherit
               his
               Church
               of
               :
               which
               I
               leave
               to
               the
               judgement
               of
               Lawyers
               .
               For
               it
               may
               contain
               both
               ;
               tho'
               I
               never
               saw
               any
               precedent
               of
               the
               Popes
               in
               that
               kind
               for
               so
               small
               a
               matter
               :
               but
               of
               the
               other
               kind
               ,
               we
               have
               before
               made
               mention
               of
               one
               to
               Roger
               Bishop
               of
               Salisbury
               ,
               and
               a
               multitude
               of
               others
               are
               to
               be
               produc
               d.
               
            
             
               Again
               ,
               if
               they
               have
               a
               Dispensation
               for
               Hunting
               ,
               yet
               it
               hath
               some
               limitation
               either
               for
               the
               place
               or
               the
               manner
               ;
               which
               his
               Lordship
               (
               if
               he
               justify
               under
               that
               )
               must
               shew
               particularly
               .
            
             
               To
               come
               now
               at
               last
               to
               to
               the
               last
               point
               of
               the
               Apologie
               ,
               drawn
               from
               the
               particular
               example
               of
               Arch-bishop
               Cranmer
               ;
               who
               ,
               in
               the
               description
               of
               his
               Life
               
                 (
                 Britannicarum
                 Antiqq
                 .
                 ca.
              
               68.
               )
               is
               set
               forth
               to
               Hunt
               ,
               Shoot
               ,
               and
               Ride
               a
               
               great
               or
               stirring
               Horse
               with
               notable
               activity
               ,
               even
               when
               he
               was
               Arch-bishop
               ,
               and
               in
               the
               words
               recited
               by
               the
               Apologist
               .
               But
               these
               be
               1
               Exercises
               of
               War
               ,
               
               not
               of
               Religion
               ;
               fit
               for
               Barons
               not
               for
               Bishops
               ;
               who
               in
               ancient
               time
               ,
               following
               the
               example
               of
               our
               Saviour
               and
               his
               Apostles
               ,
               walked
               on
               foot
               ,
               as
               appeareth
               by
               
                 Bede
                 ,
                 Eccl.
                 Hist
                 .
                 l.
              
               3.
               ca.
               14.
               &
               lib.
               4.
               ca.
               3.
               and
               beginning
               to
               Ride
               ,
               1
               used
               here
               in
               
                 England
                 Mares
              
               ,
               as
               Bede
               also
               witnesseth
               ,
               lib.
               2.
               ca.
               13.
               in
               other
               places
               Mules
               ,
               not
               Horses
               ;
               for
               
                 Bellum
                 haec
                 armenta
                 minantur
              
               ,
               as
               not
               only
               the
               Poet
               saith
               ,
               but
               as
               the
               Scripture
               also
               ,
               Prov.
               21.
               
                 ult
                 .
                 Equus
                 paratur
                 ad
                 diem
                 belli
                 .
              
               And
               such
               belike
               ,
               did
               this
               Arch-bishop
               Cranmer
               mount
               upon
               and
               mannage
               ,
               as
               the
               words
               imply
               ,
               
                 ut
                 in
                 famulatu
                 suo
                 non
                 fuerit
                 quisquam
                 qui
                 in
                 generosum
                 equum
                 salire
                 ,
                 ac
                 tractare
                 elegantius
                 —
                 potuisset
                 .
              
               Besides
               ,
               the
               shooting
               here
               mentioned
               seemeth
               not
               to
               be
               the
               long-bowe
               ,
               which
               stirreth
               the
               body
               and
               is
               profitable
               to
               health
               ,
               but
               that
               deadly
               Engine
               
                 (
                 which
                 imagineth
                 mischief
                 as
                 a
                 law
                 )
              
               the
               Cross-bowe
               ,
               whose
               force
               a
               man
               cannot
               mitigate
               as
               in
               other
               weapons
               ,
               and
               is
               properly
               numbred
               amongst
               the
               instruments
               of
               War
               ;
               and
               therefore
               by
               a
               multitude
               of
               Canons
               prohibited
               to
               Clergy-men
               ,
               so
               that
               they
               may
               not
               use
               them
               2
               
                 pro
                 justitia
                 exercenda
              
               (
               as
               appeareth
               by
               the
               Constit
               .
               of
               Othob
               .
               Tit.
               )
               
                 de
                 Clericis
                 arma
                 portan
              
               .
               nor
               
                 equitantes
                 per
                 loca
                 periculosa
              
               ,
               as
               it
               is
               in
               the
               Gloss
               upon
               the
               Decret
               .
               of
               
                 Gratian
                 p.
              
               992.
               where
               the
               Text
               is
               ,
               
                 Clerici
                 arma
                 portantes
                 &
                 usurarii
                 excommunicentur
                 .
              
               But
               I
               have
               gone
               the
               length
               of
               my
               tedder
               ,
               I
               mean
               as
               far
               as
               the
               Apologie
               leadeth
               me
               ;
               and
               therefore
               now
               
                 manum
                 de
                 tabula
              
               .
            
             
               The
               case
               of
               this
               Reverend
               and
               most
               Worthy
               Person
               deserveth
               great
               commiseration
               and
               tender
               handling
               :
               for
               who
               can
               prevent
               such
               unexpected
               casualties
               ?
               Yet
               may
               the
               consequence
               prove
               so
               mischievous
               both
               to
               himself
               and
               those
               that
               are
               to
               receive
               their
               Consecration
               from
               him
               ,
               as
               of
               necessity
               it
               must
               be
               carefully
               look'd
               into
               and
               provided
               for
               .
               Let
               me
               remember
               an
               ancient
               precedent
               ,
               even
               in
               one
               of
               his
               own
               Predecessors
               ,
               Stigand
               ,
               Arch-bishop
               of
               Canterbury
               in
               the
               time
               of
               the
               Conquest
               ,
               who
               ,
               because
               he
               had
               not
               Canonically
               received
               his
               Consecration
               ,
               but
               from
               the
               hands
               of
               Pope
               Benedict
               (
               who
               stood
               Excommunicate
               and
               
                 sacris
                 interdictus
              
               )
               was
               not
               only
               deprived
               himself
               by
               authority
               of
               a
               Council
               ,
               but
               also
               the
               Bishops
               and
               Abbots
               which
               had
               taken
               their
               Consecration
               from
               him
               .
               Therefore
               the
               Bishops
               of
               Wells
               and
               Hereford
               foreseeing
               that
               evil
               ;
               to
               make
               all
               clear
               ,
               fetch
               their
               Consecration
               at
               Rome
               from
               Pope
               
                 Nicholas
                 :
                 Vitabant
                 enim
              
               (
               saith
               Flor.
               Wigorn.
               in
               An.
               1070.
               )
               3
               
                 à
                 Stigando
                 qui
                 tunc
                 Archiepiscopatui
                 Doroberniae
                 praesidebat
                 ,
                 ordinari
                 :
                 quia
                 noverant
                 illum
                 non
                 Canonice
                 Pallium
                 suscepisse
                 .
              
               It
               is
               good
               to
               follow
               the
               counsel
               of
               Gratian
               in
               the
               like
               matter
               :
               
                 Consultius
                 est
                 in
                 hujusmodi
                 dubio
                 abstinere
                 quam
                 celebrare
                 ,
              
               ca.
               24.
               1716.
               
            
             
               But
               because
               we
               are
               fallen
               into
               a
               case
               ,
               wherein
               perhaps
               some
               extraordinary
               Consecration
               may
               be
               required
               ;
               let
               me
               also
               relate
               a
               strange
               Consecration
               used
               in
               the
               entrance
               of
               the
               Reign
               of
               4
               Henry
               I.
               An.
               1100.
               where
               Eadmere
               a
               Monk
               of
               Canterbury
               being
               elected
               by
               the
               Clergy
               and
               People
               of
               Scotland
               to
               be
               Bishop
               of
               St.
               Andrews
               ,
               with
               the
               great
               good
               liking
               of
               King
               Alexander
               and
               the
               Nobility
               .
               Yet
               by
               reason
               of
               some
               discontentments
               the
               same
               King
               had
               conceived
               against
               the
               Arch-bishop
               of
               York
               ,
               within
               whose
               Province
               Scotland
               then
               was
               ,
               he
               would
               by
               no
               means
               agree
               that
               Eadmere
               should
               take
               his
               Consecration
               from
               that
               Arch-bishop
               ;
               and
               after
               much
               consultation
               how
               then
               it
               might
               otherwise
               be
               performed
               ,
               it
               was
               at
               last
               agreed
               ,
               that
               the
               Staff
               of
               the
               Bishoprick
               should
               be
               solemnly
               laid
               upon
               the
               Altar
               ,
               and
               that
               Eadmere
               taking
               it
               from
               thence
               ,
               should
               receive
               it
               as
               deliver'd
               him
               from
               God
               himself
               :
               which
               accordingly
               was
               done
               .
               This
               calleth
               to
               my
               mind
               another
               of
               like
               nature
               ,
               somewhat
               
               more
               ancient
               :
               where
               Wulstan
               ,
               the
               good
               Bishop
               of
               Worcester
               ,
               both
               resigned
               his
               Bishoprick
               by
               laying
               the
               Staff
               thereof
               upon
               the
               shrine
               of
               St.
               Edward
               the
               Confessor
               (
               by
               the
               agreement
               of
               a
               Council
               holden
               under
               Lanfranc
               )
               and
               in
               like
               manner
               received
               the
               same
               again
               from
               thence
               ,
               in
               the
               presence
               of
               King
               William
               ,
               the
               Arch-bishop
               Lanfranc
               ,
               and
               many
               others
               ;
               not
               without
               some
               miracle
               ,
               as
               
                 Matthew
                 Paris
              
               writeth
               it
               in
               An.
               1095.
               
               These
               as
               
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
              
               .
            
             
               And
               thus
               ,
               in
               this
               matter
               of
               Shooting
               ,
               If
               I
               have
               done
               as
               the
               Proverb
               saith
               ,
               
                 Shot
                 like
                 a
                 Gentleman
              
               ,
               that
               is
               fair
               ,
               tho
               far
               off
               ,
               it
               sufficeth
               .
               I
               humbly
               crave
               pardon
               .
            
             
               
                 
                   19.
                   
                   Octob.
                   1621.
                   
                
                 Recep
                 .
                 Apolog.
                 ●5
                 .
                 Octob.
                 praeced
                 .
              
            
          
           
             
             
               SOME
               Letters
               and
               Instruments
               ,
               Concerning
               The
               killing
               of
               Hawkins
               by
               Arch-bishop
               ABBOT
               .
            
             
               
                 A
                 Letter
                 written
                 by
                 his
                 Majesty
                 to
                 the
                 Lord
                 Keeper
                 ,
                 the
                 Bishops
                 of
                 
                   London
                   ,
                   Winton
                   ,
                   Rochester
                
                 ,
                 St.
                 Davids
                 ,
                 and
                 Exeter
                 ,
                 Sir
                 
                   Henry
                   Hobart
                
                 Kt.
                 Chief
                 Justice
                 of
                 the
                 Common-Pleas
                 ,
                 Mr.
                 Justice
                 Dodderidge
                 ,
                 Sir
                 
                   Henry
                   Martin
                
                 ,
                 and
                 Mr.
                 Doctor
                 Steward
                 ,
                 or
                 any
                 six
                 of
                 them
                 ,
                 whereof
                 the
                 Lord
                 Keeper
                 ,
                 the
                 Bishops
                 of
                 
                   London
                   ,
                   Winton
                
                 ,
                 and
                 St.
                 Davids
                 ,
                 to
                 be
                 four
                 .
              
               
                 IT
                 is
                 not
                 unknown
                 unto
                 you
                 what
                 happened
                 this
                 last
                 Summer
                 unfortunately
                 to
                 our
                 Right
                 Trusty
                 and
                 our
                 Right
                 Well-beloved
                 Counsellour
                 the
                 Lord
                 Arch-bishop
                 of
                 Canterbury
                 ;
                 who
                 Shooting
                 at
                 a
                 Deer
                 with
                 a
                 Cross-bow
                 in
                 Bramsil-park
                 ,
                 did
                 with
                 that
                 shoot
                 casually
                 give
                 the
                 Keeper
                 a
                 wound
                 ,
                 whereof
                 he
                 died
                 .
                 Which
                 accident
                 ,
                 tho
                 it
                 might
                 have
                 happened
                 to
                 any
                 other
                 man
                 ,
                 yet
                 because
                 his
                 Eminent
                 Rank
                 and
                 Function
                 in
                 the
                 Church
                 ,
                 hath
                 (
                 as
                 we
                 are
                 informed
                 )
                 ministred
                 occasion
                 of
                 some
                 doubts
                 ,
                 as
                 making
                 the
                 Case
                 different
                 in
                 his
                 Person
                 ,
                 in
                 respect
                 of
                 the
                 Scandal
                 (
                 as
                 is
                 supposed
                 :
                 )
                 We
                 therefore
                 being
                 desirous
                 (
                 as
                 it
                 is
                 fit
                 We
                 should
                 )
                 to
                 be
                 satisfied
                 therein
                 ,
                 and
                 reposing
                 especial
                 Trust
                 in
                 your
                 Learning
                 and
                 Judgement
                 ;
                 have
                 made
                 choice
                 of
                 you
                 to
                 inform
                 Vs
                 concerning
                 the
                 nature
                 of
                 this
                 Case
                 :
                 And
                 do
                 therefore
                 require
                 you
                 to
                 take
                 it
                 presently
                 into
                 your
                 consideration
                 ,
                 and
                 the
                 Scandal
                 that
                 may
                 have
                 risen
                 thereupon
                 :
                 And
                 to
                 certify
                 Vs
                 ,
                 what
                 in
                 your
                 Judgements
                 the
                 same
                 may
                 amount
                 unto
                 ,
                 either
                 to
                 an
                 Irregularity
                 or
                 otherwise
                 .
                 And
                 lastly
                 ,
                 what
                 means
                 may
                 be
                 found
                 to
                 redress
                 the
                 same
                 (
                 if
                 need
                 be
                 )
                 of
                 all
                 which
                 points
                 We
                 shall
                 expect
                 to
                 hear
                 your
                 Reports
                 ,
                 with
                 what
                 diligence
                 and
                 expedition
                 you
                 possibly
                 may
                 .
                 Dated
                 at
                 
                   Theobalds
                   3.
                   
                   Oct.
                   1621.
                
                 
              
            
             
               
                 A
                 Letter
                 from
                 the
                 Lord
                 Keeper
                 to
                 Arch-bishop
                 Abbot
                 ,
                 intimating
                 the
                 Reception
                 of
                 his
                 Majesty's
                 Letter
                 .
              
               
                 
                   May
                   it
                   please
                   your
                   Grace
                   .
                
              
               
                 MY
                 Lord
                 of
                 Winchester
                 ,
                 my
                 Lord
                 Hobart
                 ,
                 Sir
                 
                   John
                   Dodderidge
                
                 ,
                 Dr.
                 Martin
                 ,
                 and
                 my self
                 ,
                 having
                 met
                 this
                 afternoon
                 about
                 a
                 Letter
                 sent
                 unto
                 us
                 (
                 together
                 with
                 some
                 others
                 )
                 under
                 his
                 Majesty's
                 Signet
                 ;
                 and
                 finding
                 the
                 Contents
                 thereof
                 to
                 require
                 from
                 us
                 some
                 information
                 of
                 the
                 nature
                 of
                 an
                 unfortunate
                 Act
                 ,
                 which
                 doth
                 referr
                 unto
                 your
                 Grace
                 :
                 We
                 thought
                 our selves
                 ty'd
                 in
                 all
                 justice
                 and
                 respect
                 ,
                 to
                 send
                 your
                 Grace
                 (
                 as
                 I
                 do
                 here
                 inclosed
                 )
                 a
                 copy
                 of
                 his
                 Majesty's
                 Letter
                 :
                 And
                 to
                 let
                 your
                 Grace
                 understand
                 ,
                 that
                 we
                 are
                 ready
                 to
                 receive
                 from
                 your
                 Grace
                 (
                 in
                 writing
                 )
                 all
                 the
                 qualifying
                 circumstance
                 ,
                 of
                 the
                 Fact
                 (
                 if
                 any
                 such
                 there
                 be
                 )
                 omitted
                 in
                 this
                 Letter
                 ;
                 that
                 we
                 may
                 be
                 better
                 grounded
                 to
                 deliver
                 our
                 Opinions
                 (
                 as
                 is
                 desired
                 )
                 concerning
                 the
                 nature
                 of
                 this
                 unlucky
                 accident
                 .
                 And
                 we
                 have
                 appointed
                 two
                 of
                 the
                 clock
                 in
                 the
                 afternoon
                 upon
                 Saturday
                 next
                 ,
                 to
                 be
                 the
                 time
                 ;
                 and
                 this
                 Colledge
                 of
                 Westminster
                 ,
                 to
                 be
                 the
                 place
                 of
                 our
                 meeting
                 ,
                 to
                 receive
                 what
                 information
                 of
                 the
                 Fact
                 ,
                 your
                 Grace
                 shall
                 
                 〈…〉
                 unto
                 us
                 ,
                 And
                 ceasing
                 to
                 be
                 further
                 troublesome
                 ,
                 I
                 shall
                 〈…〉
              
               
                 
                   Your
                   Grace's
                   poor
                   Friend
                   
                   and
                   Servant
                   
                   
                     Jo.
                     Lane.
                     &
                     C.
                     S.
                  
                   
                
                 
                   Westminst
                   .
                   Coll.
                   
                     〈…〉
                     of
                     October
                     162●
                     .
                  
                
              
            
             
               
                 The
                 Arch-bishop's
                 Answer
                 .
              
               
                 
                   My
                   very
                   good
                   Lords
                   ,
                
              
               
                 I
                 Thank
                 you
                 for
                 sending
                 me
                 the
                 Copy
                 of
                 his
                 Majesty's
                 Letter
                 ,
                 which
                 concerneth
                 the
                 ●nhappy
                 〈…〉
                 that
                 befell
                 me
                 in
                 Hampshire
                 .
                 I
                 here
                 inclosed
                 send
                 unto
                 your
                 〈◊〉
                 a
                 ●opy
                 of
                 the
                 Verdict
                 given
                 up
                 by
                 the
                 Jurors
                 unto
                 the
                 Coroner
                 :
                 as
                 also
                 a
                 〈…〉
                 of
                 some
                 circumstances
                 of
                 this
                 Fact
                 ,
                 which
                 are
                 not
                 expressed
                 in
                 that
                 Verdict
                 .
                 〈◊〉
                 the
                 first
                 ▪
                 being
                 already
                 upon
                 Oath
                 ,
                 it
                 needeth
                 not
                 (
                 as
                 I
                 conceive
                 ,
                 under
                 your
                 Lor●s●●●
                 (
                 favour
                 )
                 any
                 further
                 verification
                 :
                 And
                 for
                 the
                 other
                 ,
                 such
                 of
                 the
                 particular●
                 a●
                 are
                 not
                 included
                 in
                 the
                 Verdict
                 ,
                 there
                 are
                 in
                 readiness
                 those
                 who
                 will
                 testi●i●
                 the
                 ●ame
                 .
                 And
                 for
                 the
                 better
                 expedition
                 of
                 the
                 whole
                 business
                 ,
                 if
                 your
                 〈…〉
                 all
                 on●●
                 〈◊〉
                 what
                 are
                 the
                 special
                 points
                 in
                 Law
                 to
                 be
                 insisted
                 upon
                 ;
                 I
                 will
                 ,
                 〈…〉
                 ●ll
                 ,
                 〈◊〉
                 sp●●●
                 ,
                 cause
                 my
                 Council
                 to
                 be
                 ready
                 to
                 attend
                 you
                 :
                 by
                 whom
                 I
                 desire
                 to
                 give
                 your
                 Lordships
                 satisfaction
                 .
                 And
                 so
                 commending
                 my
                 Love
                 and
                 Service
                 to
                 your
                 Lordships
                 ,
                 and
                 forbearing
                 to
                 be
                 further
                 troublesome
                 ,
                 I
                 rest
              
               
                 
                   Your
                   Lordships
                   very
                   loving
                   Friend
                   
                   G.
                   Cant.
                   
                
                 
                   Lambeth
                   ,
                   
                     Oct.
                     13.
                     1621.
                     
                  
                
              
            
             
               
                 A
                 Note
                 of
                 my
                 Lord
                 Keepers
                 at
                 the
                 bottom
                 of
                 the
                 Letter
                 .
              
               
                 
                   To
                   this
                   Letter
                   we
                   answered
                   ,
                   that
                   we
                   had
                   no
                   Warrant
                   to
                   hear
                   Counsel
                   ;
                   no●
                   could
                   we
                   in
                   justice
                   hear
                   any
                   ,
                   unless
                   the
                   credit
                   of
                   the
                   Church
                   and
                   honour
                   of
                   the
                   King
                   ,
                   had
                   their
                   Council
                   likewise
                   on
                   the
                   other
                   side
                   .
                
              
               
                 
                   Jo.
                   Linc.
                   &
                   C.
                   S.
                   
                
              
            
             
               
                 The
                 opinion
                 of
                 the
                 Bishops
                 and
                 others
                 to
                 whom
                 the
                 consideration
                 of
                 Arch-bishop
                 
                   Abbot
                   ▪
                   s
                
                 Case
                 was
                 referred
                 ;
                 in
                 a
                 Letter
                 to
                 his
                 Majesty
                 .
              
               
                 
                   May
                   ●t
                   please
                   your
                   Majesty
                   .
                
              
               
                 WHereas
                 we
                 receiv'd
                 a
                 command
                 from
                 your
                 Majesty
                 under
                 your
                 Royal
                 〈◊〉
                 to
                 deliver
                 our
                 opinions
                 unto
                 your
                 Majesty
                 ,
                 whether
                 an
                 Irregularity
                 or
                 〈◊〉
                 might
                 ar●se
                 by
                 this
                 unfortunate
                 Act
                 ,
                 which
                 God
                 permitted
                 to
                 come
                 to
                 pass
                 by
                 ●h●●and
                 of
                 the
                 most
                 Reverend
                 Father
                 in
                 God
                 the
                 Lord
                 Arch-bishop
                 of
                 Canterbury
                 ,
                 ●●ooting
                 in
                 a
                 Cross-bowe
                 at
                 a
                 Deer
                 in
                 Bramsil-park
                 ;
                 as
                 also
                 of
                 the
                 cure
                 and
                 〈…〉
                 the
                 same
                 Irregularity
                 ,
                 in
                 case
                 it
                 should
                 be
                 so
                 adjudgd
                 .
                 〈◊〉
                 do
                 in
                 all
                 〈…〉
                 humility
                 return
                 this
                 account
                 unto
                 your
                 Majesty
                 :
              
               
                 〈…〉
                 the
                 first
                 ,
              
               
                 〈…〉
                 be
                 contracted
                 by
                 this
                 Act
                 ,
                 in
                 the
                 person
                 of
                 my
                 Lord
                 〈…〉
                 gr●ater
                 part
                 of
                 our
                 number
                 could
                 assent
                 or
                 agree
                 :
                 Because
                 〈…〉
                 and
                 〈◊〉
                 themselves
                 are
                 so
                 general
                 and
                 so
                 ready
                 to
                 entertain
                 distinctions
                 
                 and
                 limitations
                 ,
                 the
                 Doctors
                 and
                 Glosses
                 so
                 differing
                 ,
                 inferences
                 and
                 disputes
                 so
                 peculiar
                 to
                 every
                 man's
                 conceit
                 and
                 apprehension
                 ,
                 authorities
                 of
                 Canonists
                 and
                 Casuists
                 so
                 opposite
                 in
                 this
                 very
                 Case
                 in
                 hand
                 ;
                 that
                 we
                 could
                 not
                 return
                 unto
                 your
                 Majesty
                 any
                 unanimous
                 resolution
                 or
                 opinion
                 in
                 the
                 same
                 .
              
               
                 For
                 the
                 second
                 ,
              
               
                 Whether
                 any
                 Scandal
                 may
                 arise
                 out
                 of
                 this
                 Act
                 ?
                 We
                 are
                 of
                 opinion
                 ,
                 a
                 Scandal
                 may
                 be
                 taken
                 by
                 the
                 weak
                 at
                 home
                 and
                 the
                 malitious
                 abroad
                 ;
                 tho'
                 most
                 of
                 us
                 believe
                 there
                 was
                 no
                 Scandal
                 given
                 by
                 the
                 said
                 Right
                 Reverend
                 Father
                 .
              
               
                 For
                 the
                 third
                 ,
              
               
                 We
                 are
                 all
                 agreed
                 ,
                 not
                 only
                 that
                 a
                 Restitution
                 or
                 Dispensation
                 may
                 be
                 granted
                 by
                 your
                 Majesty
                 ,
                 either
                 immediately
                 under
                 the
                 Great
                 Seal
                 ,
                 or
                 (
                 which
                 most
                 of
                 us
                 in
                 all
                 humility
                 represent
                 unto
                 your
                 Majesty
                 )
                 by
                 the
                 hands
                 of
                 some
                 Clergy-men
                 ,
                 Delegated
                 by
                 your
                 Majesty
                 for
                 that
                 purpose
                 ,
                 or
                 what
                 other
                 way
                 your
                 Majesty
                 shall
                 be
                 pleas'd
                 to
                 extend
                 that
                 favour
                 .
                 But
                 withal
                 ,
                 we
                 are
                 of
                 opinion
                 ,
                 that
                 it
                 is
                 most
                 sitting
                 for
                 the
                 said
                 Reverend
                 Father
                 ,
                 both
                 in
                 regard
                 of
                 his
                 Person
                 and
                 the
                 honour
                 of
                 the
                 Church
                 ,
                 to
                 sue
                 unto
                 your
                 most
                 Gracious
                 Majesty
                 for
                 the
                 said
                 Dispensation
                 
                   in
                   majorem
                   cautelam
                   ,
                   si
                   qua
                   forte
                   sit
                   Irregularitas
                   .
                
                 All
                 which
                 ,
                 craving
                 pardon
                 for
                 our
                 weakness
                 ,
                 we
                 do
                 in
                 all
                 humbleness
                 submit
                 to
                 the
                 decision
                 of
                 your
                 Majesties
                 most
                 profound
                 and
                 incomparable
                 Wisdom
                 .
              
               
                 
                   Jo.
                   Linc.
                   elect
                   .
                   C.
                   S.
                   
                
                 
                   Geo.
                   London
                   .
                   —
                   La.
                   Winton
                   .
                   —
                   Jo.
                   Roffens
                   .
                
                 
                   Guil.
                   Menevens
                   .
                   elect
                   .
                   —
                   Valen.
                   Exon.
                   elect
                   .
                
                 
                   Henr.
                   Hobart
                   .
                
                 
                   Jo.
                   Doddridge
                   .
                   H.
                   Marten
                   .
                   Ny
                   .
                   Stywarde
                   .
                
                 
                   Cir.
                   di
                   .
                   
                     10.
                     
                     Nov.
                     1621.
                     
                  
                
              
            
          
           
             
             
               DISPENSATIO
               CUM
               GEORGIO
               Archiepiscopo
               CANTUARIENSI
               ,
               Super
               IRREGULARITATE
               .
            
             
               REverendissimo
               in
               Christo
               Patri
               Georgio
               Providentia
               Divina
               Cantuariensi
               Archiepiscopo
               ,
               totius
               Angliae
               Primati
               &
               Metropolitano
               ,
               Johannes
               Lincoln
               .
               Georgius
               London
               .
               Lancelotus
               Winton
               .
               Samuel
               Norwicens
               .
               Thomas
               Coven
               .
               &
               Lich.
               Arthurus
               Bathon
               .
               &
               Wellen.
               Nicolaus
               Eliensis
               &
               Georgius
               Cicestrensis
               permissione
               divina
               respective
               Episcopi
               de
               Provincia
               Cantuar.
               Salutem
               &
               gratiam
               in
               Domino
               sempiternam
               .
               Recipimus
               Literas
               Commissionales
               à
               Serenissimo
               in
               Christo
               Principe
               ac
               Domino
               nostro
               domino
               Jacobo
               Dei
               gratia
               Angliae
               ,
               Scotiae
               ,
               Franciae
               &
               Hiberniae
               Rege
               ,
               fidei
               defensore
               ,
               &c.
               sub
               magno
               sigillo
               Angliae
               confectas
               &
               nobis
               directas
               ;
               quarum
               tenor
               sequitur
               in
               haec
               verba
               :
               
                 Jacobus
                 Dei
                 gratia
                 Angliae
                 ,
                 Scotiae
                 ,
                 Franciae
                 ,
                 &
                 Hiberniae
                 Rex
                 ,
                 fidei
                 defensor
                 ,
                 &c.
                 
                 Reverendo
                 in
                 Christo
                 Patri
                 &
                 perdilecto
                 &
                 perquam
                 fideli
                 Consiliario
                 nostro
                 Johanni
                 Episcopo
                 Lincoln
                 .
                 Custodi
                 magni
                 sigilli
                 nostri
                 Angliae
                 ,
                 ac
                 Reverendo
                 in
                 Christo
                 Patri
                 Georgio
                 Episcopo
                 London
                 .
                 ac
                 Reverendo
                 in
                 Christo
                 Patri
                 ac
                 perdilecto
                 &
                 perquam
                 fideli
                 Consiliario
                 nostro
                 Lanceloto
                 Episcopo
                 Winton
                 .
                 necnon
                 Reverendis
                 in
                 Christo
                 patribus
                 Samueli
                 Norwicen
                 .
                 Thomae
                 Coven
                 .
                 &
                 Lichen
                 .
                 Nicholao
                 Elien
                 .
                 Arthuro
                 Bathon
                 .
                 &
                 Wellen.
                 &
                 Georgio
                 Cicestren
                 .
                 respective
                 Episcopis
                 ▪
                 Salutem
                 &
                 gratiam
                 .
              
            
             
               
                 Humili
                 nobis
                 supplicatione
                 exposuit
                 Reverendissimus
                 in
                 Christo
                 Pater
                 ,
                 perdilectus
                 &
                 per
                 fidelis
                 Consiliarius
                 noster
                 Georgius
                 Cantuar.
                 Archiepiscopus
                 ,
                 quod
                 cum
                 nuper
                 in
                 parco
                 quodam
                 vocato
                 Bramzil-park
                 apud
                 Bramzil
                 in
                 Comitatu
                 nostro
                 Southamton
                 .
                 per
                 honorandum
                 virum
                 ejusdem
                 parci
                 dominum
                 rogatus
                 &
                 invitatus
                 damam
                 sagitta
                 figere
                 destinaret
                 ,
                 debita
                 adhibita
                 diligentia
                 ne
                 quid
                 inde
                 periculi
                 cuiquam
                 eveniret
                 ;
                 forte
                 tamen
                 accidit
                 ut
                 sagitta
                 ab
                 eo
                 emissa
                 &
                 in
                 feram
                 directa
                 ,
                 in
                 quendam
                 
                   Petrum
                   Hawkins
                
                 adhunc
                 Parci
                 praedicti
                 Custodem
                 ,
                 improvide
                 &
                 temere
                 se
                 periculo
                 ictus
                 sagittae
                 exponentem
                 ,
                 &
                 per
                 locum
                 ubi
                 a
                 praefato
                 Archiepiscopo
                 conspici
                 non
                 potuit
                 cum
                 imp●tu
                 transcurrentem
                 incideret
                 ,
                 eique
                 brachiam
                 sauciaret
                 ;
                 ex
                 quo
                 quidem
                 vuln●re
                 ▪
                 ●ra
                 unius
                 horae
                 spacium
                 expiraba●
                 :
                 &
                 quamvis
                 propter
                 hujusmodi
                 homicidium
                 casuale
                 ,
                 nulla
                 praefati
                 Archiepiscopi
                 culpa
                 sed
                 ipsius
                 occisi
                 temeritate
                 contig●ns
                 ,
                 idem
                 Reverendissimus
                 Pater
                 bona
                 fretus
                 conscientia
                 ,
                 se
                 nullam
                 omnino
                 irregularitatem
                 incurrisse
                 ,
                 persuasissimum
                 habeat
                 ;
                 provida
                 tamen
                 animi
                 circumspec●ione
                 ,
                 &
                 ut
                 omnis
                 infirmorum
                 mentibus
                 scrupulus
                 eximatur
                 ,
                 secum
                 a
                 nobis
                 super
                 omni
                 &
                 omnimoda
                 irregularitate
                 &
                 irregularitatis
                 nota
                 aut
                 suspicione
                 ,
                 si
                 quam
                 praemissorum
                 ratione
                 contraxisse
                 forsitan
                 aliquibus
                 videri
                 possit
                 ,
                 ad
                 cautelam
                 &
                 ex
                 superabundanti
                 dispensari
                 humiliter
                 supplicavit
                 :
                 Sciatis
                 igitur
                 quod
                 nos
                 petitionis
                 hujusmodi
                 vim
                 &
                 ●fficaciam
                 reg●o
                 animo
                 &
                 pro
                 affectu
                 ponderantes
                 ,
                 &
                 de
                 veritate
                 praemissorum
                 solicita
                 indagatione
                 certiores
                 facti
                 ,
                 &
                 ut
                 piam
                 Reverendissimi
                 Patris
                 intention●m
                 ●ac
                 in
                 re
                 s●quamur
                 ,
                 &
                 ad
                 abundatiorem
                 cautelam
                 ,
                 persidelis
                 Consiliarii
                 nostri
                 〈◊〉
                 ●ue
                 de
                 E●cl●si●
                 &
                 Republica
                 m●r●●i
                 Prae●ulis
                 statum
                 ,
                 famam
                 ,
                 &
                 dignitatem
                 ,
                 
                 nostri
                 etiam
                 patrocinii
                 minime
                 teneri
                 &
                 firmare
                 dignoscamur
                 ,
                 ad
                 praesentem
                 venimus
                 dispositionem
                 :
                 Vobisque
                 vel
                 aliquibus
                 sex
                 vestrum
                 ,
                 quorum
                 vos
                 praefat
                 .
                 Johannem
                 Lincoln
                 .
                 Georgium
                 London
                 .
                 Lancelotum
                 Winton
                 .
                 &
                 Samuelem
                 Norwicen
                 .
                 respective
                 Episcopos
                 ,
                 quatuor
                 esse
                 volumus
                 ,
                 de
                 quorum
                 etiam
                 side
                 ,
                 judicio
                 ,
                 &
                 industria
                 plurimum
                 confidimus
                 ,
                 mandamus
                 &
                 de
                 gratia
                 nostra
                 speciali
                 &
                 ex
                 auctoritate
                 nostra
                 regia
                 suprema
                 &
                 Ecclesiastica
                 qua
                 fungimur
                 ,
                 pro
                 nobis
                 ,
                 haeredibus
                 ,
                 &
                 successoribus
                 nostris
                 damus
                 &
                 plenam
                 concedimus
                 facultatem
                 &
                 potestatem
                 per
                 praesentes
                 ,
                 quatenus
                 vos
                 vel
                 aliqui
                 sex
                 vestrum
                 ;
                 quorum
                 vos
                 praefatos
                 ,
                 Johannem
                 Lincoln
                 .
                 Georgium
                 London
                 .
                 Lancelotum
                 Winton
                 .
                 &
                 Samuelem
                 Norwicen
                 .
                 respective
                 Episcopos
                 ,
                 quatuor
                 esse
                 volumus
                 ,
                 cum
                 praefato
                 Reverendissimo
                 Patre
                 super
                 omni
                 &
                 omnimod
                 .
                 juris
                 vel
                 facti
                 defectu
                 ,
                 censura
                 ,
                 sive
                 poena
                 aliqua
                 Canonica
                 &
                 Ecclesiastica
                 ,
                 praesertim
                 vero
                 Irregularitate
                 omni
                 seu
                 Irregularitatis
                 nota
                 (
                 si
                 quae
                 forsitan
                 ratione
                 praemissorum
                 contracta
                 fuit
                 )
                 vel
                 quibusdam
                 contracta
                 esse
                 videantur
                 ,
                 utque
                 in
                 susceptis
                 Ordinibus
                 &
                 Jurisdictionibus
                 secundum
                 concreditam
                 sibi
                 ratione
                 Ordinis
                 &
                 Archiepiscopatus
                 sui
                 potestatem
                 libere
                 ministrare
                 ,
                 frui
                 ,
                 exercere
                 ,
                 &
                 gaudere
                 valeat
                 ,
                 ad
                 majorem
                 cautelam
                 dispensetis
                 ,
                 ac
                 caetera
                 omnia
                 &
                 singula
                 quae
                 ad
                 statum
                 ,
                 commodum
                 ,
                 &
                 honorem
                 praefati
                 Reverendissimi
                 Patris
                 conservandum
                 &
                 corroborandum
                 in
                 hoc
                 parte
                 necessaria
                 fuerint
                 seu
                 quomodolibet
                 opportuna
                 faciatis
                 ,
                 &
                 dispensationem
                 hujusmodi
                 ,
                 caeteraque
                 sic
                 ut
                 praefertur
                 per
                 vos
                 aut
                 aliquos
                 sex
                 vestrum
                 ,
                 quorum
                 vos
                 praefatas
                 ,
                 Johannem
                 Lincoln
                 .
                 Georgium
                 London
                 .
                 Lancelotum
                 Winton
                 .
                 &
                 Samuelem
                 Norwicen
                 .
                 respective
                 Episcopos
                 ,
                 quatuor
                 esse
                 volumus
                 ,
                 facienda
                 in
                 debita
                 juris
                 forma
                 concepta
                 ,
                 &
                 inscripta
                 ,
                 reducta
                 ,
                 sigillisque
                 vestris
                 seu
                 sigillo
                 aliquo
                 authentico
                 munita
                 ,
                 praefato
                 Archiopiscopo
                 tradere
                 non
                 differatis
                 .
                 Quam
                 quidem
                 Dispensationem
                 ,
                 caeteraque
                 sic
                 ut
                 praefertur
                 per
                 vos
                 aut
                 aliquos
                 sex
                 vestrum
                 ,
                 quorum
                 vos
                 praefatos
                 ,
                 Johannem
                 Lincoln
                 .
                 Georgium
                 London
                 .
                 Lancelotum
                 Winton
                 .
                 &
                 Samuelem
                 Norwicen
                 .
                 respective
                 Episcopos
                 ,
                 quatuor
                 esse
                 volumus
                 ,
                 pagenda
                 sub
                 magno
                 insuper
                 sigillo
                 nostro
                 Angliae
                 confirmari
                 volumus
                 ,
                 &
                 super
                 hiis
                 praefati
                 magni
                 sigilli
                 nostri
                 Custodi
                 aliisque
                 Cancellariae
                 nostrae
                 ministris
                 quibuscunque
                 expresse
                 mandamus
                 ,
                 &
                 plenam
                 tenore
                 praesentium
                 concedimus
                 potestatem
                 .
                 Teste
                 meipso
                 apud
                 Westmon
                 .
                 vicesimo
                 secundo
                 die
                 Novembris
                 ,
                 Anno
                 regni
                 nostri
                 Angliae
                 ,
                 Franciae
                 ,
                 &
                 Hiberniae
                 ,
                 decimo
                 nono
                 &
                 Scotiae
                 LV.
                 
              
               Secundum
               tenorem
               &
               exigentiam
               Literarum
               Commissionalium
               praerecitatarum
               ,
               &
               ad
               eximendum
               omnem
               scrupulum
               ab
               infirmorum
               mentibus
               ,
               si
               quis
               forsitan
               sit
               aut
               fuerit
               in
               ea
               parte
               conceptus
               .
               Nos
               praedicti
               ,
               Johannes
               Lincoln
               .
               Georgius
               London
               .
               Lancelotus
               Winton
               .
               Samuel
               Norwicen
               .
               Thomas
               Coven
               .
               &
               Lichfeld
               .
               Arthurus
               Bathon
               .
               &
               Wellen.
               Richardus
               Elien
               .
               &
               Georgius
               Cicestrens
               .
               respective
               Episcopi
               ,
               nomine
               primitus
               invocato
               ac
               Deum
               patrem
               oculis
               solum
               habentes
               ,
               &
               considerantes
               atque
               pro
               certo
               habentes
               quod
               dicta
               venatio
               cui
               per
               te
               data
               erat
               opera
               ,
               quando
               dictum
               casuale
               homicidium
               (
               te
               nihil
               tale
               suspicante
               )
               accidebat
               ,
               erat
               modesta
               ,
               decens
               ,
               &
               quieta
               ,
               &
               quod
               debita
               per
               se
               adhibita
               erat
               diligentia
               in
               dicta
               venatione
               ad
               praecavendum
               ne
               quid
               periculi
               alicui
               inde
               eveniret
               ,
               Tecum
               praefato
               Georgio
               Archiepiscopo
               Cantuariensi
               super
               omni
               Irregularitate
               &
               Irregularitatis
               nota
               ,
               si
               quam
               forsitan
               ratione
               casualis
               homicidii
               sive
               mortis
               praefati
               
                 Petri
                 Hawkins
              
               incurristi
               vel
               aliquibus
               incurrisse
               videaris
               ad
               omnem
               &
               qualemcunque
               juris
               effectum
               dispensamus
               ;
               teque
               praefatum
               Georgium
               Archiepiscopum
               Cantuariensem
               ac
               personam
               tuam
               ab
               omnibus
               &
               singulis
               inhabilitatibus
               ,
               suspensionibus
               ,
               irregularitatibus
               ,
               aliisque
               poenis
               ,
               impedimentis
               ,
               censuris
               ,
               &
               coercionibus
               quibuscunque
               Ecclesiasticis
               sive
               Canonicis
               (
               si
               quam
               forsitan
               ratione
               praemissorum
               aut
               eorum
               alicujus
               incurristi
               aut
               aliquibus
               incurrisse
               videaris
               )
               ad
               omnem
               &
               qualemcunque
               juris
               effectum
               liberamus
               ac
               tenore
               praesentium
               pro
               liberato
               haberi
               decernimus
               &
               pronunciamus
               :
               quemque
               defectum
               ,
               labem
               ,
               notam
               ,
               sive
               maculam
               ,
               (
               si
               quam
               forsitan
               ratione
               praemissorum
               aut
               eorum
               alicujus
               contraxisti
               aut
               aliquibus
               contraxisse
               videaris
               ,
               penitus
               abolemus
               ac
               pro
               abolitis
               haberi
               decernimus
               &
               pronunciamus
               :
               Teque
               etiam
               praefatum
               Georgium
               Archiepiscopum
               Cantuariensem
               ex
               superabundanti
               &
               ad
               majorem
               cautelam
               ,
               rehabilitamus
               &
               restituimus
               ad
               omnem
               &
               qualemcunque
               juris
               effectum
               :
               Et
               ut
               in
               susceptis
               Ordinibus
               &
               Archiepiscopatu
               praedicto
               ,
               ac
               in
               omnibus
               &
               singulis
               jurisdictionibus
               ,
               privilegiis
               ,
               
               praeeminentiis
               ,
               praerogativis
               ,
               dignitatibus
               ,
               alque
               aliis
               rebus
               quibuscunque
               ,
               aliqu●
               modo
               ad
               dictum
               Archiepiscopatum
               spectantibus
               &
               pertinentibus
               libere
               ministrare
               valeas
               ,
               concedimus
               &
               indulgemus
               ,
               perinde
               ac
               si
               praedictum
               casuale
               homicidium
               commissum
               non
               fuisset
               ;
               Canonibus
               ,
               Legibus
               ,
               Decretis
               ,
               Ordinationibus
               ,
               &
               Constitutionibus
               Ecclesiasticis
               quibuscunque
               contrariis
               (
               si
               quae
               sint
               in
               ca
               parte
               contraria
               )
               in
               aliquo
               non
               obstantibus
               .
               In
               cujus
               rei
               testimonium
               ,
               sigilla
               nostra
               Episcopalia
               hisce
               praesentibus
               apponi
               fecimus
               .
               Dat.
               duodecimo
               die
               Decembris
               ,
               Anno
               Domini
               millesimo
               sexcentesimo
               vicesimo
               primo
               .
            
             
               
                 Teste
                 Rege
                 apud
                 Westmon
                 .
                 
                   24.
                   die
                   Decembris
                
                 Anno
                 Regni
                 Regis
                 
                   Jacobi
                   ,
                   &c.
                   XIX
                
                 .
                 &
                 Scotiae
                 quinquagesimo
                 quinto
                 .
              
            
          
           
             
             
               Of
               the
               ORIGINAL
               OF
               TESTAMENTS
               and
               WILLS
               ,
               
               And
               of
               their
               PROBATE
               ,
               To
               whom
               it
               anciently
               belong'd
               .
            
             
               THE
               word
               Testament
               or
               any
               other
               for
               a
               last
               Will
               ,
               is
               not
               found
               in
               all
               the
               Scripture
               before
               Christ's
               time
               .
               And
               tho'
               it
               be
               common
               in
               the
               vulgar
               Translation
               ,
               yet
               St.
               Jerome
               noteth
               ,
               that
               it
               is
               according
               to
               the
               Hebrew
               to
               signify
               Pactum
               or
               F●dus
               ,
               and
               so
               the
               Geneva
               Translation
               expresseth
               it
               .
            
             
               Altho'
               therefore
               there
               be
               many
               passages
               in
               the
               Old
               Testament
               which
               seem
               to
               be
               meant
               of
               Wills
               ,
               and
               so
               expounded
               by
               Interpreters
               :
               As
               where
               it
               is
               said
               that
               Achitophel
               1
               put
               his
               house
               in
               order
               and
               hanged
               himself
               .
               And
               where
               Hezekiah
               2
               is
               commanded
               from
               God
               to
               put
               his
               house
               in
               order
               for
               he
               should
               die
               .
               Yet
               there
               appeareth
               no
               Law
               nor
               form
               of
               Wills
               ;
               and
               the
               declarations
               that
               
                 Jacob
                 ,
                 Moses
                 ,
                 Joshua
                 ,
                 David
                 ,
              
               &c.
               made
               at
               the
               times
               of
               their
               death
               were
               matter
               of
               consolation
               and
               counsel
               ,
               
                 effata
                 novissima
              
               or
               
                 ultima
                 elogia
              
               3
               ,
               but
               not
               Testaments
               as
               we
               use
               the
               word
               .
            
             
               Sigonius
               in
               his
               book
               of
               Jewish
               Antiquities
               maketh
               no
               mention
               of
               their
               Wills
               ,
               nor
               do
               I
               yet
               find
               any
               in
               Josephus
               .
               It
               is
               true
               ,
               that
               S.
               Paul
               maketh
               express
               mention
               of
               them
               ,
               but
               not
               till
               the
               Romans
               had
               conquer'd
               the
               Jews
               ,
               and
               imposed
               their
               Law
               upon
               them
               .
               Then
               S.
               Paul
               speaketh
               of
               them
               according
               to
               the
               Roman
               Law
               ,
               not
               Judaical
               .
               Of
               all
               this
               I
               desire
               further
               advertisement
               .
            
             
               It
               is
               observed
               that
               the
               ancient
               Greeks
               ,
               who
               (
               as
               Josephus
               testifieth
               )
               fetch'd
               their
               Laws
               from
               the
               Jews
               ,
               had
               not
               any
               .
            
             
               Tacitus
               reporteth
               of
               the
               Germans
               in
               his
               time
               ,
               which
               was
               about
               80.
               years
               after
               Christ
               ,
               
                 Successores
                 sui
                 cuique
                 liberi
                 &
                 nullum
                 testamentum
                 .
                 Si
                 liberi
                 non
                 sunt
                 ,
                 proximus
                 gradus
                 in
                 possessione
                 ,
                 fratres
                 ,
                 patruus
                 ,
                 avunculus
              
               with
               their
               descendants
               according
               to
               our
               Law.
               
            
             
               It
               is
               therefore
               very
               probable
               ,
               that
               our
               Saxon
               Ancestors
               ,
               coming
               out
               of
               Germany
               ,
               observed
               for
               a
               long
               time
               the
               custom
               of
               their
               Country
               ,
               and
               that
               they
               had
               not
               the
               use
               of
               making
               Wills
               ;
               as
               neither
               had
               their
               brethren
               the
               Normans
               .
            
             
               The
               custom
               therefore
               of
               making
               Wills
               among
               the
               German
               and
               Northern
               Nations
               was
               taken
               up
               by
               little
               and
               little
               from
               the
               Romans
               in
               some
               places
               after
               one
               manner
               ,
               in
               some
               after
               another
               ,
               as
               it
               is
               to
               be
               seen
               in
               France
               it self
               .
            
             
               When
               the
               Roman
               Emperors
               grew
               potent
               in
               Germany
               ,
               and
               the
               German
               Princes
               came
               to
               be
               Emperors
               ,
               the
               Germans
               generally
               forsook
               their
               ancient
               custom
               spoken
               of
               by
               Tacitus
               ,
               and
               received
               the
               Roman
               Law.
               
            
             
               The
               rest
               of
               the
               Angli
               that
               remained
               in
               Germany
               and
               came
               not
               over
               into
               England
               ,
               made
               a
               Law
               4
               about
               the
               year
               of
               our
               Lord
               900.
               
               That
               it
               should
               be
               lawful
               for
               a
               Free-man
               to
               dispose
               his
               inheritance
               by
               Will
               as
               he
               pleased
               .
               
            
             
             
               The
               Normans
               kept
               the
               old
               custom
               1
               in
               part
               ,
               and
               left
               it
               in
               the
               other
               part
               .
               They
               suffered
               him
               that
               had
               neither
               wife
               nor
               children
               (
               if
               he
               were
               twenty
               year
               old
               )
               to
               make
               a
               Will
               and
               bequeath
               his
               moveable
               goods
               as
               he
               listed
               ,
               either
               to
               or
               from
               his
               kindred
               .
               So
               likewise
               if
               he
               2
               were
               married
               and
               his
               wife
               dead
               .
            
             
               Having
               children
               3
               he
               could
               dispose
               but
               of
               a
               third
               part
               .
               And
               so
               might
               man
               or
               woman
               of
               16.
               years
               old
               .
               But
               land
               which
               they
               (
               according
               to
               the
               Civilians
               )
               called
               immoveable
               goods
               ,
               no
               man
               *
               amongst
               them
               might
               dispose
               of
               by
               his
               Will.
               
            
             
               In
               some
               other
               parts
               of
               France
               4
               as
               in
               Champain
               ,
               they
               disposed
               both
               moveable
               and
               immoveable
               ,
               that
               is
               ,
               goods
               and
               lands
               ,
               according
               to
               the
               Civil
               Law.
               
            
             
               The
               Civil
               Law
               custom
               they
               called
               
                 Lex
                 Romana
              
               ,
               the
               other
               
                 Lex
                 Barbara
              
               .
            
             
               Our
               Saxon
               Ancestors
               by
               direction
               of
               their
               Clergy
               ,
               who
               chiefly
               affected
               the
               Roman
               manners
               ,
               seem
               also
               to
               have
               observed
               the
               Civil
               Law
               in
               making
               of
               Wills
               both
               in
               substance
               for
               disposing
               Lands
               and
               Goods
               ,
               and
               much
               in
               the
               form
               and
               ceremony
               of
               making
               and
               publishing
               the
               same
               .
            
             
               As
               
                 Carolus
                 Magnus
              
               5
               in
               France
               disposed
               the
               Lands
               of
               his
               great
               dominions
               between
               his
               three
               sons
               ,
               
                 Lewis
                 ,
                 Pepin
              
               ,
               and
               Charles
               ,
               by
               his
               last
               Will.
               So
               by
               his
               example
               King
               Ethelwulfus
               6
               here
               divided
               his
               Lands
               by
               his
               Will
               between
               his
               three
               sons
               ,
               
                 Aethelbald
                 ,
                 Aethelred
              
               ,
               and
               Aelfred
               .
            
             
               King
               Aelfred
               7
               in
               the
               like
               manner
               disposed
               both
               his
               Lands
               and
               Goods
               by
               his
               Will
               now
               extant
               .
               And
               many
               other
               Saxons
               8
               by
               their
               Wills
               in
               writing
               ,
               bequeathed
               Lands
               and
               Goods
               with
               their
               Bodies
               unto
               Monasteries
               .
               That
               herein
               they
               followed
               the
               Civil
               Law
               is
               manifest
               by
               the
               Saxon
               Will
               of
               Birtrick
               9
               and
               Elf●uith
               his
               wife
               ,
               made
               about
               the
               year
               980.
               (
               according
               to
               the
               manner
               of
               that
               time
               )
               by
               them
               both
               jointly
               .
            
             
               First
               it
               seemeth
               to
               be
               made
               
                 in
                 calatis
                 Comitiis
              
               10
               ,
               that
               is
               ,
               in
               an
               assembly
               called
               together
               for
               that
               purpose
               .
               Then
               whereas
               the
               Civil
               Law
               11
               requireth
               necessarily
               VII
               .
               witnesses
               ,
               here
               were
               a
               dozen
               ,
               least
               it
               might
               be
               defective
               in
               that
               one
               was
               a
               woman
               ,
               and
               12
               some
               other
               under
               age
               or
               Bond-men
               .
            
             
               The
               disposition
               of
               Lands
               as
               well
               as
               of
               Goods
               ,
               is
               by
               the
               Civil
               Law
               ,
               and
               therefore
               the
               course
               is
               more
               solemn
               .
               Which
               also
               this
               well
               observeth
               both
               for
               disposing
               Land
               and
               Goods
               and
               also
               for
               the
               solemnity
               of
               the
               course
               .
               But
               most
               evidently
               it
               appeareth
               to
               be
               according
               to
               the
               Civil
               Law
               ,
               in
               that
               the
               man
               and
               his
               wife
               joyn
               both
               together
               in
               it
               ,
               which
               was
               neither
               in
               use
               nor
               resolv'd
               to
               be
               good
               till
               the
               Novel
               Constitution
               13
               of
               Theodosius
               and
               Valentinian
               did
               authorise
               it
               .
            
             
               After
               this
               Constitution
               that
               kind
               of
               Testament
               became
               so
               common
               ,
               that
               Marculfus
               14
               ,
               who
               lived
               about
               the
               year
               660.
               hath
               left
               unto
               us
               an
               especial
               formula
               or
               precedent
               of
               it
               as
               it
               was
               then
               in
               use
               in
               France
               .
               And
               saith
               in
               it
               ,
               that
               it
               was
               
                 ut
                 Romanae
                 Legis
                 decrevit
                 authoritas
              
               .
               And
               concludeth
               it
               with
               an
               imprecation
               or
               curse
               against
               such
               as
               should
               violate
               it
               ,
               as
               doth
               also
               the
               Will
               of
               Birtrick
               .
            
             
               With
               the
               like
               solemnity
               of
               witnesses
               (
               eight
               in
               number
               besides
               a
               Lady
               )
               did
               Elfere
               another
               Saxon
               before
               Birtrick
               ,
               bequeath
               the
               Town
               or
               Land
               of
               Snodland
               to
               the
               Church
               of
               S.
               Andrews
               .
            
             
               
                 Of
                 the
                 Probate
                 of
                 Wills
                 or
                 Testaments
                 .
              
               
                 After
                 the
                 Will
                 was
                 thus
                 composed
                 ,
                 the
                 Roman
                 use
                 15
                 was
                 to
                 have
                 the
                 Testator
                 and
                 Witnesses
                 to
                 subscribe
                 it
                 ,
                 then
                 binding
                 it
                 up
                 close
                 with
                 thred
                 ,
                 to
                 
                 seal
                 it
                 with
                 their
                 Seals
                 ,
                 which
                 upon
                 producing
                 of
                 it
                 they
                 or
                 many
                 of
                 them
                 were
                 to
                 view
                 and
                 acknowledge
                 before
                 the
                 Praetor
                 or
                 Judge
                 .
                 And
                 then
                 1
                 
                   rupto
                   lino
                
                 the
                 thred
                 being
                 cut
                 ,
                 it
                 was
                 opened
                 and
                 published
                 ,
                 and
                 copies
                 of
                 it
                 delivered
                 to
                 the
                 parties
                 under
                 a
                 Publick
                 Seal
                 ,
                 the
                 Original
                 remaining
                 in
                 the
                 publick
                 Register
                 .
              
               
                 The
                 ancient
                 manner
                 of
                 opening
                 ,
                 publishing
                 ,
                 or
                 as
                 we
                 call
                 it
                 ,
                 proving
                 of
                 Wills
                 before
                 the
                 
                   Magister
                   Census
                
                 ,
                 is
                 described
                 by
                 2
                 
                   John
                   Fabri
                
                 .
                 But
                 nearer
                 to
                 our
                 purpose
                 is
                 that
                 in
                 the
                 Formulae
                 of
                 Marculfus
                 3
                 of
                 a
                 Will
                 proved
                 in
                 a
                 City
                 or
                 Corporation
                 before
                 the
                 Magistrate
                 there
                 ,
                 or
                 of
                 a
                 Town
                 before
                 the
                 
                   Defensor
                   Plebis
                
                 .
              
               
                 For
                 a
                 Will
                 by
                 the
                 Civil
                 Law
                 and
                 the
                 use
                 of
                 our
                 neighbour
                 Nations
                 ,
                 might
                 be
                 proved
                 before
                 divers
                 Officers
                 and
                 in
                 divers
                 places
                 .
              
               
                 We
                 already
                 mentioned
                 the
                 Praetor
                 ,
                 but
                 4
                 Justiman
                 the
                 Emperor
                 ordained
                 that
                 in
                 Rome
                 none
                 should
                 be
                 opened
                 save
                 by
                 the
                 
                   Magister
                   Census
                
                 .
                 In
                 the
                 Provinces
                 by
                 a
                 Constitution
                 of
                 Theodosius
                 ,
                 5
                 the
                 
                   Rectores
                   Provinciarum
                
                 ,
                 and
                 where
                 the
                 access
                 to
                 them
                 was
                 uneasy
                 ,
                 there
                 Donations
                 and
                 Wills
                 made
                 in
                 Cities
                 and
                 Corporations
                 might
                 be
                 exhibited
                 and
                 proved
                 before
                 
                   Magistratus
                   Municipales
                
                 the
                 Magistrates
                 there
                 ;
                 in
                 other
                 Towns
                 before
                 the
                 
                   Defensor
                   Plebis
                
                 .
                 According
                 to
                 these
                 two
                 last
                 are
                 the
                 formulae
                 of
                 Marculfus
                 and
                 another
                 in
                 Brissonius
                 .
              
               
                 From
                 these
                 Constitutions
                 of
                 the
                 Emperors
                 ,
                 grew
                 the
                 various
                 manner
                 of
                 Probate
                 of
                 Wills
                 amongst
                 us
                 in
                 ancient
                 time
                 .
              
               
                 With
                 the
                 
                   Magister
                   Census
                
                 being
                 proper
                 only
                 to
                 the
                 City
                 of
                 Rome
                 we
                 have
                 nothing
                 to
                 do
                 .
                 But
                 as
                 we
                 were
                 once
                 a
                 Province
                 of
                 the
                 Empire
                 ,
                 so
                 our
                 Ancestors
                 received
                 and
                 held
                 the
                 manner
                 of
                 Provinces
                 .
                 For
                 the
                 
                   Rectores
                   Provinciarum
                
                 ,
                 which
                 with
                 us
                 were
                 the
                 Earls
                 of
                 the
                 Counties
                 ,
                 had
                 the
                 cognisance
                 or
                 Probation
                 of
                 Wills
                 as
                 shall
                 by
                 and
                 by
                 appear
                 .
                 So
                 also
                 had
                 divers
                 of
                 our
                 
                   Magistratus
                   Municipales
                
                 ,
                 Magistrates
                 of
                 Cities
                 and
                 Corporations
                 :
                 As
                 that
                 which
                 I
                 am
                 best
                 acquainted
                 with
                 my
                 Neighbours
                 of
                 
                   Lenn
                   Episcopi
                
                 ,
                 now
                 
                   Kings
                   Lynn
                
                 in
                 Norfolk
                 .
                 And
                 instead
                 of
                 the
                 
                   Defensores
                   Plebis
                
                 in
                 an
                 ordinary
                 Town
                 ,
                 the
                 Lord
                 of
                 the
                 Town
                 or
                 Mannor
                 both
                 had
                 ,
                 and
                 hath
                 that
                 priviledge
                 with
                 us
                 in
                 divers
                 places
                 .
              
               
                 All
                 this
                 while
                 there
                 is
                 no
                 mention
                 of
                 any
                 Ecclesiastical
                 Person
                 ,
                 which
                 we
                 must
                 now
                 look
                 into
                 .
              
               
                 The
                 fourth
                 Council
                 6
                 of
                 Carthage
                 ordained
                 ,
                 that
                 
                   Episcopus
                   tuitionem
                   testamentorum
                   non
                   suscipiat
                
                 ,
                 and
                 this
                 Canon
                 Gratian
                 has
                 taken
                 into
                 the
                 Body
                 of
                 the
                 Canon
                 Law
                 ,
                 whereto
                 the
                 Gloss
                 saith
                 :
                 
                   Tuitionem
                   ,
                   id
                   est
                   ,
                   apertionem
                   ,
                   sc
                   .
                   coram
                   eo
                   non
                   apperiantur
                   ,
                   sed
                   coram
                   Magistro
                   Census
                   .
                
                 C.
                 de
                 testam
                 .
                 L.
                 Consulta
                 .
                 And
                 tho'
                 it
                 addeth
                 
                   vel
                   dicatur
                   quod
                   non
                   sit
                   advocatus
                   ad
                   tuendum
                   testamentum
                   ,
                
                 yet
                 that
                 seemeth
                 an
                 idle
                 interpretation
                 :
                 for
                 tho'
                 Epiphanius
                 maketh
                 mention
                 that
                 Bishops
                 in
                 old
                 time
                 judged
                 Causes
                 ,
                 yet
                 it
                 was
                 never
                 known
                 that
                 they
                 pleaded
                 Causes
                 .
                 But
                 it
                 is
                 apparent
                 ,
                 that
                 the
                 Clergy-men
                 in
                 those
                 days
                 took
                 upon
                 them
                 to
                 prove
                 Wills
                 even
                 in
                 Justinian's
                 time
                 ,
                 who
                 flourished
                 
                   An.
                   Dom.
                
                 530.
                 
                 And
                 therefore
                 he
                 prohibited
                 7
                 them
                 not
                 only
                 by
                 a
                 Constitution
                 ,
                 but
                 also
                 by
                 a
                 mulct
                 of
                 50.
                 pound
                 weight
                 of
                 Gold
                 ,
                 saying
                 
                   Absurdum
                   est
                   namque
                   si
                   promiscuis
                   actibus
                   rerum
                   turbentur
                   officia
                   ,
                   &
                   alii
                   creditum
                   alius
                   subtrahat
                   ;
                   ac
                   praecipue
                
                 8
                 
                   Clericis
                   quibus
                   opprobrium
                   est
                   ,
                   si
                   peritos
                   se
                   velint
                   disceptationum
                   esse
                   forensium
                   ostendere
                   .
                
              
               
                 But
                 here
                 we
                 see
                 that
                 the
                 Clergy
                 even
                 in
                 those
                 days
                 ,
                 had
                 set
                 their
                 foot
                 upon
                 the
                 business
                 ,
                 and
                 I
                 suppose
                 that
                 since
                 that
                 time
                 they
                 never
                 pulled
                 it
                 wholly
                 out
                 again
                 .
                 It
                 is
                 like
                 the
                 Eastern
                 Nations
                 adhering
                 to
                 the
                 Empire
                 
                 did
                 observe
                 it
                 .
                 But
                 the
                 Western
                 being
                 torn
                 from
                 it
                 by
                 the
                 Northern
                 Nations
                 
                   Saxons
                   ,
                   Goths
                
                 and
                 Normans
                 ,
                 took
                 and
                 left
                 as
                 they
                 thought
                 good
                 .
              
               
                 Re●●ardus
                 King
                 of
                 the
                 Western
                 Goths
                 about
                 the
                 year
                 594.
                 tho'
                 he
                 1
                 retained
                 the
                 manner
                 of
                 the
                 Civil
                 Law
                 in
                 making
                 Wills
                 ,
                 yet
                 he
                 ordained
                 that
                 they
                 should
                 be
                 publish
                 ▪
                 d
                 by
                 a
                 Priest
                 as
                 formerly
                 they
                 had
                 been
                 .
              
               
                 His
                 succ●ssor
                 Chindavin●us
                 about
                 An.
                 650.
                 making
                 a
                 Law
                 about
                 a
                 Military
                 Will
                 ordained
                 ,
                 2
                 that
                 it
                 should
                 be
                 examined
                 by
                 the
                 Bishop
                 and
                 Earl
                 ,
                 and
                 ratified
                 by
                 the
                 hand
                 of
                 a
                 Priest
                 and
                 the
                 Earl.
                 
              
               
                 As
                 the
                 Northern
                 Nations
                 I
                 speak
                 of
                 the
                 Goths
                 ,
                 the
                 Saxons
                 ,
                 and
                 Normans
                 ,
                 were
                 of
                 Neighbour
                 and
                 affinity
                 in
                 their
                 Habitation
                 ,
                 Language
                 ,
                 and
                 Original
                 ,
                 so
                 were
                 they
                 also
                 in
                 their
                 Laws
                 and
                 Manners
                 .
              
               
                 Therefore
                 as
                 the
                 Goths
                 trusted
                 to
                 their
                 Priests
                 with
                 the
                 passing
                 of
                 Wills
                 ,
                 so
                 did
                 the
                 Normans
                 ,
                 their
                 Custom
                 and
                 Law
                 3
                 was
                 that
                 
                   Tout
                   testament
                   doit
                   estre
                   passe
                   par
                   devant
                   le
                   Curè
                   ,
                   ou
                   Vicaire
                   ,
                   notaire
                   ou
                   tabellion
                   en
                   la
                   presence
                   de
                   daux
                   temotn●s
                   idoines
                   d●
                
                 XX.
                 
                   ans
                   accomplis
                   &
                   non
                   legataires
                   .
                   That
                   all
                   Testaments
                   shall
                   pass
                   before
                   the
                   Curate
                   or
                   Vicar
                   ,
                
                 &c.
                 where
                 the
                 Commentary
                 4
                 noteth
                 ,
                 that
                 it
                 must
                 be
                 the
                 Curate
                 or
                 Vicar
                 of
                 the
                 same
                 Parish
                 ,
                 where
                 the
                 Testator
                 dwelleth
                 .
                 And
                 that
                 Notary
                 hath
                 been
                 adjudged
                 to
                 be
                 a
                 Notary
                 Apostolick
                 or
                 Ecclesiastical
                 .
                 So
                 that
                 the
                 business
                 was
                 then
                 with
                 them
                 wholly
                 in
                 the
                 hands
                 of
                 the
                 Clergy
                 .
              
               
                 This
                 ancient
                 Norman
                 use
                 liveth
                 to
                 this
                 day
                 in
                 many
                 Towns
                 of
                 England
                 .
                 The
                 Parson
                 of
                 
                   Castle
                   Rising
                
                 in
                 Norfolk
                 hath
                 the
                 Probat
                 of
                 Testaments
                 in
                 that
                 Town
                 .
                 And
                 so
                 hath
                 the
                 Parson
                 of
                 Rydon
                 ,
                 and
                 the
                 Parson
                 of
                 North-Wotton
                 in
                 North-Wotton
                 .
              
               
                 To
                 go
                 back
                 to
                 our
                 Saxon
                 Ancestors
                 .
                 I
                 see
                 they
                 held
                 a
                 kind
                 of
                 
                   〈◊〉
                   〈◊〉
                   〈◊〉
                   〈◊〉
                   〈◊〉
                
                 or
                 similitude
                 of
                 Laws
                 with
                 their
                 brethren
                 the
                 Goths
                 and
                 Normans
                 .
                 And
                 tho'
                 I
                 find
                 no
                 positive
                 constitution
                 among
                 them
                 in
                 this
                 point
                 ,
                 yet
                 
                   ab
                   actis
                   &
                   judicatis
                
                 (
                 the
                 supporters
                 of
                 the
                 Common
                 Law
                 it self
                 )
                 we
                 may
                 perceive
                 what
                 their
                 Custom
                 and
                 Law
                 was
                 .
              
               
                 Elf●re
                 who
                 lived
                 before
                 the
                 year
                 960.
                 having
                 made
                 his
                 Will
                 5
                 ,
                 did
                 afterward
                 publish
                 the
                 same
                 before
                 Odo
                 the
                 Arch-bishop
                 of
                 
                   Canterbury
                   ,
                   Elfsy
                   the
                
                 Priest
                 of
                 Croydon
                 ,
                 and
                 many
                 other
                 .
              
               
                 Birtrick
                 
                   and
                   his
                   wife
                   in
                   no
                   long
                   time
                   after
                   declared
                
                 6
                 
                   their
                   Will
                   at
                
                 Mepham
                 before
                 Elfstane
                 
                   Bishop
                   of
                
                 Rochester
                 ,
                 Wine
                 
                   the
                   Priest
                   ,
                   and
                   divers
                   other
                   .
                   See
                   a
                   MS.
                   
                   Law
                
                 7
                 
                   of
                   King
                
                 Alured
                 
                   the
                   Great
                   ,
                   who
                   flourished
                
                 An.
                 880.
                 
                 De
                 eo
                 qu●
                 terram
                 testam●ntalem
                 habet
                 ,
                 quam
                 ei
                 par●ntes
                 sui
                 dimiserunt
                 :
                 ponimus
                 ne
                 illam
                 extra
                 cognationem
                 suam
                 ●●ttere
                 possit
                 ,
                 si
                 scriptum
                 intersit
                 testamenti
                 ,
                 &
                 testes
                 quod
                 ●orum
                 prohibitto
                 fuerit
                 ,
                 qui
                 ha●c
                 imprimis
                 acquisiverint
                 &
                 ipsorum
                 qui
                 dederint
                 ei
                 n●
                 hoc
                 possit
                 ,
                 &
                 hoc
                 in
                 Regis
                 &
                 Episcopi
                 testimonio
                 recitetur
                 coram
                 parentela
                 sua
                 .
              
               
                 It
                 is
                 said
                 in
                 the
                 Civil
                 Law
                 8
                 that
                 the
                 declaration
                 of
                 a
                 Testament
                 before
                 the
                 Prince
                 
                   omnium
                   Testamentorum
                   solennitatem
                   superat
                
                 .
                 Here
                 the
                 Bishop
                 is
                 joined
                 with
                 the
                 King
                 in
                 cognisance
                 of
                 the
                 Testament
                 by
                 the
                 copulative
                 &
                 ,
                 but
                 Mr.
                 Lambard
                 (
                 tho'
                 I
                 confess
                 it
                 agreeth
                 not
                 with
                 the
                 Saxon
                 )
                 maketh
                 it
                 in
                 the
                 disjunctive
                 ,
                 
                   coram
                   Rege
                   aut
                   Episcopo
                
                 ,
                 as
                 if
                 it
                 might
                 be
                 before
                 either
                 of
                 them
                 .
                 The
                 Saxon
                 9
                 is
                 on
                 Cyninges
                 &
                 bisceopes
                 geƿitnysse
                 ,
                 
                   in
                   R●gis
                   &
                   Episcopi
                   testimonio
                
                 .
                 Be
                 it
                 one
                 or
                 the
                 other
                 it
                 cometh
                 much
                 to
                 a
                 reckning
                 ,
                 for
                 the
                 presence
                 of
                 the
                 King
                 was
                 then
                 represented
                 in
                 the
                 County
                 by
                 the
                 person
                 of
                 the
                 Earl
                 of
                 the
                 County
                 ,
                 as
                 it
                 is
                 this
                 day
                 in
                 his
                 Bench
                 by
                 the
                 person
                 of
                 his
                 Judges
                 .
                 And
                 the
                 Earl
                 and
                 Bishop
                 sitting
                 together
                 in
                 the
                 Court
                 of
                 the
                 County
                 did
                 (
                 as
                 if
                 the
                 King
                 and
                 the
                 Bishop
                 had
                 been
                 there
                 )
                 hear
                 jointly
                 ,
                 not
                 only
                 the
                 causes
                 of
                 Wills
                 spoken
                 of
                 in
                 this
                 Law
                 ,
                 wherein
                 the
                 Bishop
                 had
                 special
                 interest
                 ,
                 but
                 other
                 also
                 that
                 came
                 before
                 them
                 :
                 And
                 therefore
                 in
                 those
                 days
                 the
                 
                 extent
                 of
                 the
                 Earl's
                 County
                 and
                 the
                 Bishop's
                 Diocess
                 had
                 but
                 one
                 limit
                 .
              
               
                 
                   To
                   this
                   purpose
                   is
                   the
                   Law
                
                 1
                 
                   of
                   King
                
                 Edgar
                 
                   Cap.
                   5.
                   and
                   the
                   like
                   of
                
                 Canutus
                 2
                 
                   Cap.
                   17.
                
                 
                 Comitatus
                 bis
                 in
                 anno
                 congregatur
                 nisi
                 plus
                 necesse
                 sit
                 ,
                 &
                 in
                 illo
                 Comitatu
                 sint
                 Episcopus
                 &
                 Comes
                 qui
                 ostendant
                 populo
                 &
                 justitiam
                 Dei
                 &
                 rectitudines
                 seculi
                 .
                 
                   The
                   Saxon
                   is
                   ,
                   &
                   ðaere
                   beon
                   ðaere
                   scyre
                   biscop
                   &
                   se
                   Ealdorman
                   .
                
                 Let
                 the
                 shire
                 Bishop
                 be
                 there
                 and
                 the
                 Alderman
                 ,
                 
                   so
                   then
                   they
                   called
                   the
                   Earl.
                   
                
              
               
                 Thus
                 both
                 Ecclesiastical
                 and
                 Secular
                 Causes
                 were
                 both
                 decided
                 in
                 the
                 County
                 Court
                 ,
                 where
                 ,
                 by
                 the
                 Canons
                 of
                 the
                 Church
                 the
                 Ecclesiastical
                 Causes
                 were
                 first
                 determined
                 ,
                 and
                 then
                 the
                 Secular
                 .
                 And
                 many
                 Laws
                 and
                 Constitutions
                 3
                 there
                 be
                 to
                 keep
                 good
                 correspondency
                 between
                 the
                 Bishop
                 and
                 the
                 Earl
                 or
                 Alderman
                 .
              
               
                 And
                 as
                 both
                 kind
                 of
                 justice
                 were
                 administred
                 in
                 the
                 County
                 Court
                 ,
                 so
                 were
                 they
                 also
                 in
                 the
                 Hundred
                 Court
                 ;
                 in
                 which
                 course
                 they
                 continued
                 in
                 both
                 Courts
                 'till
                 the
                 very
                 time
                 of
                 the
                 Conquest
                 ,
                 as
                 it
                 seemeth
                 ,
                 and
                 almost
                 all
                 his
                 time
                 after
                 .
              
               
                 
                   But
                   about
                   the
                   eighteenth
                   year
                   of
                   his
                   Regn
                   ,
                   by
                   a
                   Common
                   Council
                   of
                   the
                   Arch-bishops
                   ,
                   Bishops
                   ,
                   Abbots
                   ,
                   and
                   Princes
                   of
                   the
                   Kingdom
                   ,
                   (
                   which
                   we
                   now
                   call
                   a
                   Parliament
                   )
                   he
                   ordained
                   ,
                   as
                   appeareth
                   in
                   a
                   Charter
                
                 4
                 
                   of
                   his
                   then
                   granted
                   to
                
                 Remigius
                 
                   Bishop
                   of
                
                 Lincoln
                 ,
                 Vt
                 nullus
                 Episcopus
                 vel
                 Archidiaconus
                 de
                 legibus
                 Episcopalibus
                 amplius
                 in
                 Hundred
                 placita
                 teneat
                 ,
                 nec
                 causam
                 quae
                 ad
                 regimen
                 animarum
                 pertinet
                 ad
                 judicium
                 secularium
                 omnium
                 adducant
                 ,
                 sed
                 quicunque
                 secundum
                 Episcopales
                 leges
                 de
                 quacunque
                 causa
                 vel
                 culpa
                 interpellatus
                 fuerit
                 ,
                 ad
                 locum
                 quem
                 ad
                 hoc
                 Episcopus
                 ei
                 elegerit
                 &
                 nominaverit
                 veniat
                 ,
                 ibique
                 de
                 causa
                 vel
                 culpa
                 sua
                 respondeat
                 &
                 non
                 secundum
                 Hundred
                 ,
                 sed
                 secundum
                 Canones
                 &
                 Episcopales
                 leges
                 ,
                 rectum
                 Deo
                 &
                 Episcopo
                 suo
                 faciat
                 ,
                 &c.
                 
              
               
                 What
                 ensued
                 upon
                 this
                 ,
                 and
                 how
                 the
                 Bishop
                 and
                 Earl
                 divided
                 their
                 Causes
                 and
                 Jurisdiction
                 appeareth
                 not
                 ;
                 That
                 of
                 Wills
                 belonged
                 either
                 wholly
                 to
                 the
                 Earl
                 (
                 as
                 
                   Rector
                   Provinciae
                
                 )
                 by
                 the
                 Constitution
                 of
                 Theodosius
                 ,
                 or
                 as
                 much
                 to
                 the
                 Earl
                 as
                 to
                 the
                 Bishop
                 ,
                 by
                 the
                 Laws
                 of
                 King
                 Edgar
                 and
                 Canutus
                 .
                 But
                 the
                 subsequent
                 use
                 must
                 inform
                 us
                 what
                 was
                 then
                 done
                 upon
                 it
                 .
                 And
                 thereby
                 it
                 seemeth
                 that
                 all
                 went
                 wholly
                 to
                 the
                 Bishop
                 and
                 Clergy
                 ,
                 and
                 that
                 the
                 Saxon
                 custom
                 was
                 changed
                 ,
                 and
                 the
                 Norman
                 introduced
                 :
                 And
                 that
                 the
                 name
                 of
                 Court
                 Christian
                 or
                 Ecclesiastical
                 ,
                 sprung
                 not
                 up
                 or
                 was
                 heard
                 of
                 till
                 after
                 this
                 division
                 .
              
               
                 For
                 now
                 the
                 devising
                 of
                 Lands
                 by
                 Will
                 after
                 the
                 Saxon
                 manner
                 was
                 left
                 ,
                 and
                 the
                 goods
                 themselves
                 could
                 not
                 be
                 bequeathed
                 ,
                 but
                 according
                 to
                 the
                 use
                 of
                 Normandy
                 .
                 A
                 third
                 part
                 must
                 remain
                 to
                 the
                 wife
                 ,
                 a
                 third
                 part
                 to
                 the
                 heir
                 (
                 or
                 children
                 )
                 and
                 a
                 third
                 part
                 the
                 husband
                 might
                 dispose
                 by
                 his
                 Will.
                 The
                 Norman
                 manner
                 appeareth
                 at
                 large
                 by
                 their
                 Custumary
                 ,
                 and
                 the
                 English
                 at
                 that
                 time
                 briefly
                 toucht
                 by
                 Glanvil
                 5
                 .
              
               
                 But
                 let
                 the
                 Will
                 and
                 the
                 matter
                 thereof
                 be
                 what
                 it
                 would
                 .
                 It
                 seemeth
                 the
                 Insinuation
                 ,
                 Probate
                 ,
                 and
                 Cognisance
                 of
                 it
                 ,
                 belonged
                 generally
                 now
                 unto
                 the
                 Bishop
                 and
                 Clergy
                 ,
                 tho'
                 I
                 must
                 confess
                 it
                 be
                 hard
                 to
                 find
                 manifest
                 proof
                 thereof
                 in
                 those
                 ancient
                 days
                 of
                 the
                 Conqueror
                 and
                 his
                 Sons
                 .
              
               
                 We
                 must
                 therefore
                 discover
                 as
                 we
                 can
                 ,
                 and
                 very
                 material
                 (
                 in
                 my
                 understanding
                 )
                 to
                 that
                 purpose
                 is
                 the
                 testimony
                 which
                 I
                 find
                 in
                 the
                 ancient
                 Laws
                 6
                 of
                 Scotland
                 ,
                 compos'd
                 by
                 the
                 commandment
                 of
                 David
                 their
                 King
                 ,
                 who
                 lived
                 long
                 in
                 the
                 time
                 of
                 King
                 Henry
                 I.
                 Son
                 of
                 the
                 Conqueror
                 ,
                 and
                 of
                 King
                 Stephen
                 the
                 Conqueror
                 Grand-child
                 .
                 For
                 those
                 Laws
                 have
                 that
                 similitude
                 with
                 ours
                 of
                 that
                 time
                 delivered
                 by
                 Glanvil
                 ,
                 as
                 that
                 in
                 effect
                 they
                 be
                 much
                 what
                 the
                 same
                 ,
                 
                   mutatis
                   mutandis
                
                 ,
                 &c.
                 and
                 very
                 often
                 
                   totidem
                   verbis
                
                 with
                 Glanvil
                 .
              
               
               
                 It
                 is
                 there
                 said
                 under
                 the
                 title
                 
                   De
                   causis
                   ad
                   Ecclesiam
                   spectantibus
                   ,
                   &c.
                   
                   Pla●●tum
                   de
                   dotibus
                   ,
                   &
                   de
                   testamentis
                   ad
                   forum
                   Ecclesiasticum
                   pertinet
                   .
                
                 Dower
                 was
                 then
                 thought
                 to
                 belong
                 to
                 the
                 Ecclesiastical
                 Court
                 ,
                 because
                 it
                 was
                 a
                 dependency
                 of
                 Marriages
                 ,
                 which
                 doth
                 belong
                 to
                 that
                 Court.
                 And
                 the
                 Rule
                 was
                 ,
                 
                   Qui
                   est
                   Judex
                   in
                   principali
                   est
                   Judex
                   in
                   acc●ssorio
                   .
                
                 But
                 to
                 our
                 purpose
                 it
                 is
                 plain
                 ,
                 that
                 Testaments
                 were
                 then
                 
                   de
                   ●ure
                   Ecclesiastico
                
                 in
                 Scotland
                 ,
                 and
                 doubtless
                 even
                 then
                 also
                 in
                 England
                 .
              
               
                 For
                 not
                 long
                 after
                 (
                 in
                 Henry
                 II's
                 time
                 )
                 Glanvil
                 1
                 himself
                 doth
                 testifie
                 as
                 much
                 ,
                 saying
                 ,
                 that
                 where
                 the
                 Testator
                 nameth
                 no
                 Executor
                 ,
                 his
                 next
                 of
                 kin
                 
                   possunt
                   se
                   ad
                   hoc
                   faciendum
                   ingerere
                   ,
                
                 and
                 might
                 have
                 a
                 Writt
                 to
                 the
                 Sheriff
                 (
                 in
                 the
                 form
                 there
                 recited
                 )
                 against
                 them
                 ,
                 that
                 detained
                 any
                 of
                 the
                 Goods
                 :
                 and
                 then
                 addeth
                 ,
                 
                   si
                   quis
                   autem
                   Auctoritate
                   hujus
                   Brevis
                   conventus
                   dixerit
                   contra
                   Testamentum
                   ,
                
                 soil
                 .
                 
                   quod
                   non
                   suit
                   rationabiliter
                   factum
                   ,
                   vel
                   quod
                   res
                   petita
                   non
                   fuerit
                   ,
                   ita
                   ut
                   dicitur
                   legata
                   ,
                   tun●
                   quidem
                   placitum
                   illud
                   in
                   Curia
                   Christianitatis
                   audiri
                   debet
                   &
                   terminari
                   ,
                
                 &c.
                 
              
               
                 At
                 this
                 time
                 Ecclesiastical
                 Jurisdiction
                 was
                 grown
                 to
                 that
                 exorbitant
                 height
                 and
                 latitude
                 ,
                 that
                 they
                 neither
                 doubted
                 to
                 convent
                 the
                 King
                 himself
                 to
                 their
                 Synod
                 ,
                 as
                 Henry
                 Bishop
                 of
                 Winchester
                 and
                 Legate
                 did
                 King
                 Stephen
                 to
                 the
                 Synod
                 of
                 Winchester
                 ,
                 nor
                 to
                 put
                 him
                 to
                 corporal
                 punishment
                 under
                 the
                 name
                 of
                 pennance
                 ,
                 as
                 the
                 Monks
                 of
                 Canterbury
                 did
                 King
                 Henry
                 II.
                 by
                 whipping
                 him
                 .
                 In
                 ordinary
                 matters
                 therefore
                 ,
                 no
                 doubt
                 but
                 they
                 extended
                 their
                 jurisdiction
                 very
                 far
                 .
                 Yet
                 all
                 this
                 while
                 was
                 not
                 the
                 
                   decretum
                   Gratiani
                
                 come
                 into
                 the
                 World.
                 
              
               
                 In
                 Henry
                 
                   III.
                   time
                
                 ,
                 Bracton
                 
                   expresseth
                   Wills
                   and
                   Testaments
                   to
                   belong
                   to
                   the
                   Ecclesiastical
                   Jurisdiction
                   ,
                   as
                
                 Glanvil
                 
                   had
                   done
                   before
                   in
                
                 Henry
                 
                   II.
                   and
                   the
                
                 Scottish
                 
                   Laws
                   in
                
                 Henry
                 
                   I.
                   time
                
                 .
                 Si
                 de
                 testamento
                 oriatur
                 contentio
                 in
                 foro
                 Ecclesiastico
                 debet
                 placitum
                 terminari
                 ,
                 quia
                 de
                 causa
                 testamentaria
                 (
                 sicut
                 nec
                 de
                 causa
                 matrimoniali
                 )
                 Curia
                 Regis
                 non
                 se
                 intromittit
                 ,
                 &c.
                 
              
               
                 I
                 am
                 now
                 come
                 to
                 the
                 lists
                 of
                 the
                 modern
                 Common
                 Law
                 ,
                 and
                 I
                 dare
                 venter
                 no
                 further
                 .
              
               
                 FINIS
                 .
              
            
          
        
      
       
         
           
             
             
               ICENIA
               :
               SIVE
               NORFOLCIAE
               Descriptio
               Topographica
               .
            
             
               Ab
               
                 HENRICO
                 SPELMANNO
              
               Equ
               .
               Aur.
               
            
          
        
         
           
             
             
             
               ICENIA
               .
            
             
               
               ICeni
               nostri
               ,
               quibus
               nixi
               sunt
               initiis
               ,
               &
               unde
               nomen
               asciverint
               ;
               nec
               proditum
               reor
               à
               veteribus
               ,
               nec
               rimatum
               feliciter
               à
               recentioribus
               .
               Caesar
               (
               hospes
               )
               Cenimagnos
               vocat
               :
               Ptolemaeus
               (
               altero
               velut
               orbe
               dissitus
               )
               Simenos
               :
               Tacitus
               ,
               Praefecti
               Britanniae
               gener
               ,
               &
               diuturnus
               in
               Gallia
               Belgica
               magistratus
               ,
               certiusque
               igitur
               insequendus
               ,
               Icenos
               .
               Mitto
               ,
               qui
               Tigenos
               ;
               sine
               dubio
               perperam
               .
            
             
               
               Non
               à
               Rege
               aliquo
               nuncupatos
               ,
               cum
               Camdeno
               censeo
               :
               sed
               nec
               ut
               ille
               à
               forma
               loci
               ,
               
                 quam
                 Britanni
              
               (
               inquit
               )
               Iken
               ,
               
                 id
                 est
              
               ,
               cuneum
               vocant
               .
               Certe
               Ptolomaei
               tabula
               &
               comperta
               ratio
               ,
               quadrangulam
               potius
               justam
               ,
               quam
               cuneatam
               faciunt
               .
               Mallem
               ego
               ab
               Ise
               fluvio
               celeberrimo
               ,
               Britannis
               Ichen
               ,
               totam
               regionem
               brachiis
               longe
               divaricatis
               transeuntem
               ,
               deducendos
               .
               Sic
               apud
               Asiaticos
               ,
               Indi
               ab
               Indo
               ;
               apud
               Graecos
               ,
               Maeones
               à
               Maeonia
               ;
               apud
               Scythas
               ,
               Alani
               ab
               Alano
               ;
               apud
               Germanos
               ,
               Alsati
               ab
               Alsa
               ;
               apud
               Gallos
               ,
               Sequani
               à
               Sequana
               ,
               fluminibus
               .
               Sic
               in
               ipsa
               Anglia
               ,
               Derbienses
               á
               Derwent
               ;
               Lancastrenses
               à
               Lan
               ,
               alias
               Lon
               fluvio
               ,
               ut
               ipse
               agnoscit
               Camdenus
               1
               noster
               ;
               Northumbrenses
               ab
               Humbro
               ;
               &
               Wiltoniae
               Comitatus
               à
               Guillo
               ,
               i.
               e.
               Willo
               fluvio
               ,
               ut
               perhibet
               Wigorniensis
               .
               Nec
               obest
               
                 (
                 s
              
               )
               in
               
                 (
                 c
              
               )
               migratio
               ,
               cum
               in
               voce
               conservetur
               sonus
               ,
               &
               Ptolemaeo
               litera
               ,
               quam
               alii
               tamen
               in
               
                 (
                 g
              
               )
               mutant
               .
               Soliti
               autem
               sunt
               Britanni
               pro
               Graeco
               σ
               ,
               ch
               .
               ponere
               ,
               ut
               Ichen
               pro
               
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
              
               ,
               Soch
               pro
               
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
              
               ,
               
                 i.
                 e.
              
               sue
               ,
               Buch
               pro
               
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
              
               
                 i.
                 e.
              
               bove
               .
            
             
               
               Fluvii
               nomen
               ab
               Ise
               ,
               alias
               Iside
               ,
               gentium
               Dea
               ,
               sortitum
               videatur
               .
               Priscis
               ,
               quippe
               in
               more
               fuit
               ,
               sylvas
               ,
               montes
               ,
               fluvios
               Numinibus
               consecrare
               ,
               eorumque
               appellare
               nominibus
               .
               Britannos
               vero
               prae
               Diis
               aliis
               
                 Cererem
                 &
                 Proserpinam
              
               ,
               (
               quae
               &
               Isis
               dicitur
               )
               inferna
               coluisse
               numina
               Strabo
               perhibet
               .
               Hinc
               infernales
               sui
               ritus
               ,
               &
               nocturna
               sacra
               .
               Nox
               diem
               ducit
               ;
               &
               per
               noctes
               ,
               dierum
               seriem
               ;
               per
               lunas
               ,
               mensium
               ;
               per
               hyemes
               ,
               annorum
               numerant
               .
               Sic
               hodie
               à
               Seven-night
               pro
               VII
               .
               diebus
               ;
               à
               Fort-night
               ,
               quasi
               fourteen-night
               ,
               pro
               XIV
               .
               diebus
               dicimus
               .
               Et
               majores
               nostri
               XX.
               XXX
               .
               Xl.
               Winters
               ,
               pro
               totidem
               annis
               recitabant
               .
               Hyemem
               autem
               ideo
               consecrabant
               infernalibus
               ,
               quod
               rerum
               semina
               sub
               hoc
               tempore
               ab
               eisdem
               existimabant
               conservari
               .
               Hinc
               &
               in
               fluviis
               nostris
               celeberrimis
               ,
               crebrum
               Isis
               nomen
               ,
               alias
               caelibis
               ,
               ut
               Brigantum
               
                 Isis
                 ;
                 Isis
                 Icenorum
                 ;
                 &
                 Isis
                 Dobunorum
                 :
              
               alias
               conjugis
               ,
               ut
               
                 Tham-isis
                 ,
                 Is-urium
              
               ,
               &
               hujusmodi
               .
            
             
               
               Sed
               Iceniae
               videamus
               terminos
               ;
               quibus
               includit
               Camdenus
               
                 Norfolciam
                 ,
                 Suffolciam
                 ,
                 Cantabrigiae
                 Comitatum
                 ,
                 &
                 Huntingtoniae
                 .
              
               Quod
               ut
               non
               probetur
               facile
               ,
               ita
               sat
               difficile
               est
               ad
               refellendum
               .
               Ptolemaeus
               Simenos
               ponit
               inter
               
                 Catieuchlanos
                 &
                 Metarim
              
               aestum
               ,
               versus
               Boream
               ;
               Trinobantes
               versus
               Austrum
               ;
               
                 Dobunos
                 &
                 Coritanos
              
               versus
               Occidentem
               ;
               &
               Germanicum
               Oceanum
               versus
               Orientem
               .
               Sed
               quibus
               hi
               destituuntur
               invicem
               finibus
               ,
               non
               exponit
               .
               Camdenus
               Coritanos
               locat
               ,
               ubi
               Ptolemaeus
               inversis
               sedibus
               Catieuchlanos
               ;
               mediterraneos
               scil
               .
               ubi
               hic
               maritimos
               ,
               &
               è
               contra
               .
               Auctorem
               non
               laudat
               ;
               propter
               viri
               tamen
               eminentiam
               inficias
               non
               ibo
               ;
               ne
               crassa
               versans
               caligine
               ,
               falsis
               illudar
               imaginibus
               .
               Haud
               tamen
               censeam
               priscos
               illos
               Britanniae
               populos
               adeo
               certis
               &
               definitis
               limitibus
               disterminatos
               ,
               cum
               Scriptores
               Antiqui
               tractum
               potius
               quo
               versati
               sunt
               obscuriores
               populi
               ,
               quam
               tractuum
               limites
               designaverint
               .
               Et
               qui
               fieri
               
               possit
               ,
               ut
               hod●●rnis
               Comitatuum
               finibus
               dividerent●●
               olim
               B●●●anni
               veteres
               ,
               cum
               Comitatus
               ipsi
               a
               Saxonibus
               postea
               ,
               &
               plerunque
               ab
               Aluredo
               non
               ultra
               〈…〉
               anni●
               ,
               dim●tati
               sint
               ?
               Reor
               equidem
               priscarum
               gentium
               terminos
               ,
               〈◊〉
               barbararum
               ,
               instar
               magni
               aestuarii
               ,
               nunc
               expansiores
               fuisse
               ,
               nunc
               contractio●●●
               ,
               juxta
               potentiam
               &
               deliquium
               suorum
               Principum
               .
               Sic
               Londinum
               ipsum
               ,
               tot●●s
               Insulae
               Metropolin
               ,
               alias
               a
               veteribus
               in
               Essexia
               ,
               alias
               in
               Middl●s●xia
               vidimus
               collocatam
               .
            
             
               Eversa
               Britannia
               ,
               divisaque
               a
               victoribus
               Romanis
               in
               quinque
               ditiones
               citra
               vallum
               quod
               instituit
               Hadrianus
               ,
               restituitque
               postmodum
               Severus
               Imperator
               (
               sell
               .
               in
               Britanniam
               primam
               ,
               Britanniam
               secundam
               ,
               ●laviam
               Caesariensem
               ,
               Valentiam
               ,
               &
               maximam
               Caesariensem
               )
               cessit
               Icenorum
               hic
               tractus
               (
               ut
               Camdeno
               pla●ui●
               )
               in
               ●laviam
               Caesariensem
               .
               Celebre
               vero
               Antiquitatis
               monumentum
               ,
               quod
               
                 Notitia
                 utriusque
                 Imp●rii
              
               nuncupatur
               ,
               in
               —
               Vi●ariorum
               Britanniarum
               Insulam
               ponens
               ;
               Britanniam
               secundam
               locat
               (
               consulto
               dixeris
               ,
               an
               fortu●●o
               )
               ubi
               Ptolemaeus
               
                 Trinobantes
                 &
                 Simenos
              
               .
            
             
               Sed
               ejectis
               tandem
               Britannis
               ,
               cum
               reliquiis
               Romanorum
               ,
               descendit
               Flaviae
               nomen
               ,
               pariter
               &
               Iceniae
               ad
               inferos
               ,
               vocaturque
               a
               Saxonibus
               tractus
               iste
               East-Angle
               
                 i.
                 Anglia
                 Orientalis
              
               ,
               quod
               gens
               Anglorum
               cum
               Saxonibus
               e
               Germania
               venientium
               ,
               suam
               hic
               obtinuislent
               sedem
               ,
               parte
               alia
               circa
               Humbrum
               incolente
               .
               Quibus
               tamen
               limitibus
               claudebatur
               ,
               cum
               nec
               adhuc
               in
               Comitatus
               distincta
               ●sset
               insula
               ,
               satis
               videatur
               ambigendum
               ,
               dimensionem
               licet
               satis
               habeamus
               explicatam
               .
               In
               antiquissima
               enim
               descriptione
               omnium
               praediarum
               ,
               ex
               Australi
               parte
               Humbri
               fluminis
               ,
               East-Engl
               perhibetur
               30000.
               hidas
               demetiri
               .
               Hidam
               Beda
               familiam
               vocat
               ,
               &
               vulgus
               alias
               pro
               100.
               
               &
               120.
               acris
               terrae
               aestimavit
               .
               Nec
               semper
               tamen
               definite
               ;
               sed
               Normanni
               postea
               caru●atam
               appellarunt
               ,
               Scriptores
               medii
               seculi
               coloniam
               ,
               &
               Romani
               olim
               
                 villam
                 rusticam
              
               .
            
             
               Cum
               ●●●o
               Aluredus
               ,
               Rex
               (
               sine
               invidia
               dixerim
               )
               inter
               Principes
               optimos
               laudatissimus
               ,
               Angliam
               totam
               ad
               priscam
               Germanorum
               politiam
               in
               Shiras
               ,
               quas
               plerique
               Comitatus
               ;
               Centurias
               (
               quas
               hundreda
               jam
               &
               wapentachia
               )
               &
               Decanias
               (
               quas
               Fri●ergas
               vulgo
               &
               Tithingas
               appellamus
               )
               divisisset
               ;
               concluditur
               East-Anglorum
               ditio
               trium
               Shirarum
               extensione
               ,
               Norfolciae
               ,
               Suffolciae
               ,
               &
               Cantabrigiae
               .
               Non
               dico
               ,
               Comitatuum
               ,
               quod
               ad
               unum
               omnes
               sub
               hoc
               seculo
               pertinuer●
               Comitatum
               ;
               siquidem
               ut
               ad
               unum
               Episcopatum
               .
               Comitatus
               enim
               plures
               saepe
               obtinuit
               shiras
               ,
               &
               iisdem
               quibus
               Episcopatus
               finiebatur
               terminis
               ;
               quod
               Episcopus
               &
               Comes
               simul
               considentes
               ,
               populo
               jus
               dicerent
               ;
               hic
               humanum
               ille
               vero
               divinum
               .
            
             
               Haec
               ,
               pulsis
               Britannis
               ,
               inter
               advenas
               Saxones
               conditio
               fuit
               ;
               donec
               erectam
               in
               Monarchiam
               Aluredus
               ,
               Angliam
               totam
               in
               certas
               portiones
               dissecuit
               ;
               quae
               a
               facto
               ,
               Shires
               hodie
               asque
               appellantur
               .
               Qua
               partitione
               ,
               licet
               antiquos
               Britannorum
               limites
               in
               quibusdam
               observasse
               non
               est
               dubium
               ;
               in
               aliis
               tamen
               longius
               discessisse
               certum
               est
               .
               Ideoque
               —
               Sectiones
               Britannicis
               respondere
               non
               credendae
               sunt
               .
               Deposita
               autem
               controversia
               (
               ut
               certa
               nostro
               argumento
               s●●na
               statuatu●
               )
               concedamus
               hodiernos
               
                 Norfolciae
                 ,
                 Suffolciae
                 ,
                 Cantabrigiae
                 ,
                 &
                 Huntingtoniae
              
               tractus
               ,
               Icenorum
               ambitu
               contineri
               .
            
             
               Redacta
               heptarchia
               in
               Monarchiam
               ,
               Canutus
               Magnus
               Angliae
               ,
               Daniae
               ,
               Norwegiae
               ,
               aliarumque
               gentium
               Borealium
               Rex
               ,
               Monarchiam
               hanc
               in
               Tetrarchiae
               speciem
               disposuit
               ,
               viz.
               West-Saxoniae
               regimen
               ,
               sibimet
               ;
               East-Angliam
               (
               cujus
               duces
               Vlfkettelum
               patrem
               &
               Athelwardum
               filium
               in
               Essenduni
               praelio
               trucidavera●
               ▪
               quaeque
               ja●●
               Norsol●iam
               &
               Suffolciam
               complecti
               dicitur
               )
               Turkillo
               Comiti
               ;
               M●rciam
               seu
               partem
               Mediterraneam
               ,
               Edrico
               principi
               perfido
               ;
               &
               Northumbriam
               ,
               Henrico
               designavit
               .
            
             
               Sic
               sit
               East-Anglia
               ,
               Anglo-dania
               ;
               &
               cum
               novo
               populo
               novas
               suscipit
               leges
               ,
               quae
               a
               conditoribus
               Dene-la
               
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
              
               ,
               i.
               e.
               
                 lex
                 Danorum
              
               ,
               appellatus
               .
               Prioribus
               igitur
               duabus
               (
               i.
               e.
               ●est-Saxon-lag
               &
               Mereen-lag
               )
               accedens
               ,
               jam
               tertia
               
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
              
               constituit
               ,
               
               è
               quibus
               cum
               Edvardus
               Confessor
               unam
               ex
               omnibus
               deduxisset
               ,
               Communemque
               inde
               appellasset
               ;
               Gulielmus
               I.
               à
               Danis
               &
               Norwegis
               oriundus
               ,
               Danorum
               illam
               profundiorem
               &
               honestiorem
               aliis
               fuisse
               contendens
               ,
               eam
               omnino
               suscitaverat
               ,
               si
               vehementissimis
               Magnatum
               deprecationibus
               non
               fuisset
               remoratus
               .
               Ab
               hoc
               vero
               tempore
               ita
               claruerunt
               Norfolcienses
               pietatis
               studio
               &
               splendidis
               ingeniis
               ;
               ut
               hinc
               in
               legum
               scientia
               primas
               obtinentes
               ,
               quolibet
               aevo
               ,
               regni
               tribunalia
               scientissimis
               judicibus
               ,
               subsellia
               argutissimis
               Jurisconsultis
               ornarunt
               :
               illinc
               rerum
               coelestium
               ardore
               conciti
               plus
               minus
               jam
               700.
               
               Ecclesias
               in
               hoc
               tractu
               ,
               &
               ultro
               70.
               coenobia
               (
               quot
               in
               simili
               spatio
               nusquam
               invenies
               )
               condiderunt
               .
               Vivit
               sat
               honeste
               ipsa
               plebecula
               ;
               cujus
               tamen
               rusticitatem
               famoso
               derisit
               carmine
               (
               quod
               aliquando
               vidimus
               )
               sub
               Johannis
               Regis
               exitu
               Monachus
               quidam
               Petroburgensis
               ,
               sic
               exordiens
               :
               
                 
                   1
                   Edictum
                   exiit
                   Augusto
                   Caesare
                
                 
                   Qui
                   mittens
                   nuncios
                   jussit
                   describere
                
                 
                   Mundi
                   provincias
                   summo
                   cum
                   opere
                   .
                
              
            
             
               Erat
               vero
               tunc
               quidam
               familiaris
               ejus
               Norfolcianus
               ,
               Jo.
               de
               S.
               Omero
               ,
               cujus
               nominis
               familia
               in
               Well
               juxta
               Wisbech
               sedem
               habuit
               ,
               &
               foemina
               haerede
               ad
               Beaupreos
               transiit
               .
               Ille
               monachi
               vesaniam
               indignatus
               ,
               patrias
               edit
               vindicias
               ,
               numeros
               reddens
               numeris
               ,
               &
               rhythmos
               rhythmis
               :
               opusculum
               inscribit
               
                 Norfolcianae
                 descriptionis
                 impugnationem
              
               .
               Sic
               inchoatur
               .
               
                 Edictum
                 fingitur
                 factum
                 à
                 Caesare
              
               .
            
             
               Sub
               Rege
               autem
               Johanne
               2
               novas
               suscepisse
               periclitabatur
               Norfolcia
               &
               Suffolcia
               incolas
               .
               Has
               enim
               provincias
               ipse
               ,
               ut
               dicebat
               ,
               per
               Chartam
               suam
               
                 Hugoni
                 de
                 Bones
              
               dederat
               ,
               qui
               cum
               60.
               millia
               armatorum
               in
               auxilium
               ejus
               comparasset
               ,
               una
               omnes
               à
               pelago
               sunt
               absorpti
               ,
               &
               cadaver
               Hugonis
               cum
               mersorum
               multitudine
               tam
               foeminarum
               &
               infantium
               quam
               virorum
               ,
               Gernemutae
               ejectum
               .
               Multitudo
               aërem
               ipsum
               inficiens
               morbum
               &
               pestem
               provincialibus
               intulit
               ;
               quos
               ut
               viva
               statuerat
               extinguere
               ,
               &
               sedes
               hic
               sibi
               perpetuas
               comparare
               ,
               voti
               quodammodo
               compos
               efficitur
               .
            
             
               
               E
               quatuor
               his
               Regiunculis
               ;
               mediterraneae
               sunt
               omnino
               
                 Huntingtoniensis
                 &
                 Cantabrigiensis
              
               :
               maritimae
               ,
               pro
               dimidio
               ,
               
                 Norfolcia
                 &
                 Suffolcia
              
               .
               Coelum
               omnibus
               velut
               unum
               ,
               mite
               satis
               &
               tenue
               ;
               sed
               maritimis
               refrigerantius
               .
               Solum
               unicuique
               proprium
               ;
               sed
               mediterrane
               is
               pinguius
               .
               Huntingtonia
               pascuis
               aptior
               ;
               Cantabrigia
               Cereri
               ;
               Suffolcia
               lacte
               scatet
               &
               caseo
               ;
               Norfolcia
               vellere
               est
               nobilior
               .
               Mediterraneae
               tantum
               ex
               humo
               vivunt
               .
               Maritimae
               autem
               ,
               cum
               Thetim
               habent
               vicinam
               ,
               penu
               praeterea
               illic
               funguntur
               ditissima
               .
               Huntingtonia
               ,
               leviter
               montana
               est
               :
               Cantabrigia
               ,
               tota
               campestris
               :
               Suffolcia
               ,
               sylvis
               consita
               :
               Norfolcia
               ,
               omnium
               particeps
               .
            
             
               Singularum
               fines
               in
               paludibus
               coëunt
               ;
               ubi
               commune
               omnibus
               flumen
               unum
               est
               ,
               amplum
               ,
               piscosum
               ,
               &
               navigationi
               commodissimum
               .
               Ousam
               dicunt
               ;
               sed
               corrupte
               (
               ut
               mihi
               videtur
               )
               pro
               Isidem
               .
               E
               paludibus
               damnum
               saepe
               omnes
               ferunt
               ;
               lucrum
               tamen
               annuò
               non
               exiguum
               ;
               praeter
               ingentem
               vim
               piscium
               &
               aquatilium
               .
               Fluvius
               iste
               mediterraneis
               multis
               regiunculis
               tanquam
               via
               lactea
               est
               ;
               qua
               merces
               &
               alia
               vitae
               necessaria
               copiose
               inferunt
               &
               deferunt
               :
               ejusque
               in
               ostio
               ,
               instar
               clavis
               ,
               Lenna
               sedet
               .
               Aliud
               flumen
               celebre
               Huntingtonia
               non
               habet
               ,
               nec
               Cantabrigia
               :
               habent
               vere
               tum
               Suffolcia
               ;
               tum
               Norfolcia
               ,
               quae
               &
               caeteras
               ,
               rivulorum
               multitudine
               ,
               antecellit
               .
               Succedit
               proxima
               Suffolcia
               .
               Indigere
               videtur
               Cantabrigia
               ;
               sed
               magis
               tamen
               Huntingtonia
               .
               Metallum
               nulla
               effodit
               ,
               nec
               carbones
               :
               ne
               structiles
               quidem
               lapides
               ;
               si
               non
               Norfolcia
               .
               Eliensis
               insula
               in
               paludibus
               sedet
               ;
               contineturque
               sub
               Cantabrigiae
               appellatione
               .
            
             
             
               
               Marslandia
               (
               quae
               ex
               nomine
               cognoscitur
               ,
               palustre
               solum
               )
               30000.
               metit●
               jugera
               ,
               inter
               VII
               .
               villas
               distributa
               .
               Aggere
               cingitur
               elatiori
               ,
               ab
               Australi
               plaga
               recentium
               undarum
               impetum
               ,
               à
               Boreali
               marinarum
               ,
               cohibente
               .
               Eoum
               latus
               fortius
               rodit
               Isis
               fluvius
               ;
               Occiduum
               ,
               furens
               à
               Vulturno
               aestuarium
               .
               Incolis
               hinc
               perpetua
               formido
               &
               periculum
               ;
               sed
               in
               aggere
               communis
               salus
               &
               fiducia
               .
               Singulas
               tamen
               villas
               singuli
               claudunt
               aggeres
               alii
               ,
               ne
               submersa
               una
               pereant
               caetera
               .
               Bis
               sub
               nostra
               memoria
               generale
               passae
               sunt
               diluvium
               ,
               Aquarum
               dulcium
               
                 An.
                 Dom.
              
               15
               —
               ;
               salsarum
               ,
               An.
               1613.
               qua
               (
               ut
               mihi
               inter
               alios
               regio
               diplomate
               designatos
               )
               pagensium
               juramento
               innotuit
               ,
               damnum
               supra
               42000.
               libras
               illatum
               esse
               .
               Aggerem
               quippe
               non
               ut
               alias
               trajecit
               pelagus
               ;
               sed
               transiliit
               altius
               toto
               pede
               ;
               quod
               ne
               indies
               faciat
               miraculo
               prohibetur
               &
               divina
               misericordia
               .
               1
               Octogenis
               enim
               cubitis
               supra
               Britanniam
               intumescere
               aestus
               ,
               Pythias
               Massiliensis
               auctor
               est
               .
               O
               bone
               Deus
               ,
               qui
               mare
               nobis
               ut
               Israelitis
               olim
               ,
               murum
               dedit
               in
               perpetuum
               suae
               bonitatis
               testimonium
               !
            
             
               Solum
               hie
               omnino
               pingue
               ,
               sed
               robustum
               :
               pascuis
               igitur
               atque
               pecore
               laetum
               ,
               magis
               quam
               in
               Cerere
               .
               Fossis
               &
               elicibus
               quibus
               centum
               &
               undeni
               incumbunt
               latericii
               pontes
               &
               ponticuli
               vermiculatim
               dissectum
               ;
               cum
               ad
               educendum
               inimicum
               imb●em
               ,
               tum
               ad
               inducendum
               expetitum
               .
               Fontem
               enim
               nullum
               habet
               neque
               rivulum
               :
               n●●
               talpam
               alit
               nec
               soricam
               .
            
             
               
               In
               Marslandiae
               parte
               extima
               ,
               versus
               Occidentem
               ,
               sitae
               sunt
               ,
               Walsoka
               ,
               id
               est
               ,
               immunitas
               juxta
               aggerem
               :
               Waltona
               ,
               id
               est
               ,
               villa
               ad
               aggerem
               :
               &
               Walpola
               ,
               quod
               est
               ,
               gurges
               prope
               aggerem
               ,
               Wall
               enim
               à
               vallo
               ductum
               ,
               aggerem
               significat
               ,
               &
               per
               translationem
               ,
               murum
               .
               Pertinebant
               olim
               priores
               duae
               ad
               Abbatem
               Ramesiensem
               .
               Waltona
               scilicet
               ,
               ex
               dono
               Albredae
               viduae
               Eustachii
               de
               Scelleia
               sub
               Henrico
               I.
               Walpola
               vero
               ad
               Ecclesiam
               Eliensem
               ,
               natalitiis
               clara
               S.
               Goderici
               heremitae
               ,
               cujus
               vitam
               &
               miracula
               Parisiensis
               2
               plurime
               decantavit
               .
            
             
               
               In
               viciniis
               jacent
               Terrington
               &
               St.
               Maries
               ;
               hoc
               familiae
               Chervillorum
               qui
               de
               Capra-villa
               olim
               dicebantur
               ,
               &
               pro
               crista
               capram
               emblema
               nominis
               detulere
               antiquum
               patrimonium
               .
               Sed
               defunctis
               nuper
               
                 Henrico
                 Cheruil
              
               Equite
               ,
               &
               filia
               sua
               ,
               in
               Cobbarum
               scribitur
               haereditatem
               .
               Illud
               Howardorum
               ,
               qui
               hoc
               olim
               tractu
               maxime
               claruere
               ,
               vetus
               sedes
               ,
               &
               ad
               ingentia
               conservatrix
               felicissima
               .
               Splendida
               etiam
               hic
               Ecclesia
               cujus
               aliquando
               Rector
               
                 Edmundus
                 Gundevill
              
               ,
               Collegium
               sui
               nominis
               exstruxit
               Cantabrigiae
               sub
               
                 An.
                 Dom.
              
               1348.
               
            
             
               
               Adjacet
               Tylney
               ,
               veteris
               utique
               Tilneiorum
               familiae
               radix
               ;
               quae
               per
               filiam
               &
               haeredem
               Frederici
               Tilney
               Equitis
               amplissimi
               ,
               in
               Howardianam
               stirpem
               tertio
               hinc
               seculo
               confluens
               ,
               auctiorem
               eam
               multo
               reddidit
               .
               Hic
               se
               expandit
               
               insignis
               area
               ,
               quae
               à
               planicie
               nuncupatur
               Tylney-Smeeth
               ,
               pinguis
               adeo
               &
               luxurians
               ut
               Paduana
               pascua
               videatur
               superasse
               .
               Cum
               enim
               VII
               .
               villarum
               majora
               animalia
               quotidie
               recipit
               compascentia
               ;
               oves
               tamen
               praeterea
               plus
               minus
               30000.
               alere
               perhibetur
               ;
               nulla
               excedens
               extensione
               bis
               mille
               passus
               .
               Tuentur
               eum
               indigenae
               velut
               aras
               &
               focos
               ,
               fabellamque
               recitant
               longa
               petitam
               vetustate
               de
               Hikifrico
               (
               nescio
               quo
               )
               Haii
               illius
               instar
               in
               Scotorum
               Chronicis
               qui
               civium
               suorum
               dedignatus
               fuga
               ,
               aratrum
               quod
               agebat
               ,
               solvit
               ;
               arreptoque
               temone
               furibundus
               insiliit
               in
               hostes
               ,
               victoriamque
               ademit
               exultantibus
               .
               Sic
               cum
               de
               agri
               istius
               finibus
               acriter
               olim
               dimicatum
               esset
               inter
               fundi
               dominum
               &
               villarum
               incolas
               ,
               nec
               valerent
               hi
               adversus
               eum
               consistere
               ;
               cedentibus
               occurrit
               Hikifrikus
               ,
               axemque
               excutiens
               à
               curru
               quem
               agebat
               ,
               eo
               vice
               gladii
               usus
               ;
               rota
               ,
               clypei
               ;
               invasores
               repulit
               ad
               ipsos
               quibus
               nunc
               funguntur
               terminos
               .
               Ostendunt
               in
               coemiterio
               Tilniensi
               ,
               sepulchrum
               sui
               pugilis
               ,
               axem
               cum
               rota
               insculptum
               exhibens
               .
            
             
               
               Nec
               procul
               Wigenhall
               ,
               antiquae
               etiam
               cognomen
               stirpis
               .
               Magna
               hujus
               pars
               ante
               aliquot
               secula
               ita
               aquis
               opprimebatur
               ,
               ut
               neglecta
               generaliter
               occupantibus
               permitteretur
               .
               Multi
               igitur
               sedes
               sibi
               illic
               elaborantes
               ,
               totam
               pene
               in
               aridum
               redegerunt
               ;
               metuentesque
               jam
               tum
               ejici
               ,
               in
               obsequium
               potentiorum
               
               se
               tradidere
               ,
               censum
               &
               tenuram
               patrocinii
               causa
               agnoscentes
               ;
               ut
               antiqua
               refert
               Inquisitio
               .
            
             
               
               Extra
               aggeris
               partem
               illam
               ,
               quam
               
                 the
                 Podike
              
               vocant
               ,
               soil
               .
               inter
               Isidem
               fluvium
               &
               municipium
               Eliensis
               Episcopi
               ,
               quod
               à
               situ
               in
               Occidentali
               glarea
               Wisebeach
               dicitur
               
                 (
                 Wise
              
               enim
               Saxonice
               ,
               ut
               in
               Wisegothorum
               nomine
               ,
               Occidentale
               sonat
               )
               Well
               habetur
               ,
               id
               est
               puteus
               .
               Cum
               enim
               circumclusa
               jam
               Marslandia
               ,
               aquarum
               impediretur
               dilatatio
               ,
               huc
               se
               recipientes
               ut
               in
               puteum
               ,
               superficiem
               late
               opprimebant
               .
               Nobilissima
               fit
               interea
               piscatura
               ,
               quam
               Ailwinus
               Dux
               East-Angliae
               ,
               &
               totius
               Angliae
               Aldermannus
               ,
               cognatus
               Regis
               Edgari
               ,
               &
               Fundator
               Coenobii
               Ramesiensis
               (
               circiter
               
                 An.
                 Dom.
              
               970.
               )
               eidem
               coenobio
               contulit
               ,
               
                 cum
                 mansis
                 &
                 toftis
                 piscatorum
              
               ,
               (
               ut
               verbis
               utar
               1
               Ramesiensis
               Codicis
               .
               )
               Mansit
               (
               ut
               videtur
               )
               sub
               eadem
               conditione
               ,
               usque
               ad
               aetatem
               Regis
               Gulielmi
               I.
               qui
               Ecclesiae
               illi
               confirmans
               praedia
               ,
               Concedo
               (
               2
               inquit
               )
               in
               Welles
               20.
               
                 homines
                 piscatores
                 ,
                 singulis
                 annis
              
               60.
               
                 milliaria
                 anguillarum
              
               (
               i.
               e.
               
                 singulis
                 Monachis
                 singula
                 milliaria
                 )
                 ibidem
                 reddentes
                 .
              
               Emersit
               postea
               in
               villam
               celebrem
               ,
               partim
               in
               Insula
               Eliensi
               ,
               partim
               in
               Norfolcia
               (
               fluvio
               dividente
               )
               sitam
               ;
               foro
               ,
               nundinis
               ,
               &
               uberrimis
               privilegiis
               sub
               Abbatibus
               Ramesiae
               honestatam
               ,
               dimidiique
               hundredi
               fretam
               dignitate
               .
            
             
               
               Hic
               &
               Beau-preovum
               seu
               
                 de
                 Bello
                 prato
              
               ,
               sedes
               opulenta
               ;
               praesertim
               cum
               excisis
               Monasteriis
               Ramesiense
               hic
               dominium
               comparassent
               :
               quod
               cum
               reliquo
               suo
               patrimonio
               
                 Edmundus
                 Beaupre
              
               Dorotheae
               transtulit
               ,
               quam
               ex
               Winteri
               aliquando
               suscepit
               conjuge
               .
               Nuptaque
               ea
               viro
               insigni
               Roberto
               Bell
               ,
               qui
               Capitalis
               Baro
               Scaccarii
               effectus
               est
               ,
               à
               nepote
               ex
               filio
               corundem
               Roberto
               Bell
               ,
               splendidi
               ingenii
               Equite
               ,
               possidetur
               .
            
             
               
               Haud
               procul
               ,
               in
               Lincolniensi
               tractu
               (
               nam
               confinia
               lambens
               ,
               memorabile
               quod
               occurrit
               non
               praeteream
               )
               Tydd
               conspicitur
               .
               Vicus
               pauper
               ,
               sed
               cujus
               aliquando
               Rector
               (
               quem
               Personam
               vocant
               )
               
                 Nicolaus
                 Breakespeare
              
               à
               Roma
               in
               Norwegiam
               missus
               ,
               eam
               praedicando
               ad
               fidem
               convertit
               Christianam
               :
               &
               ab
               Eugenio
               [
               III.
               ]
               Albanus
               ideo
               constitutus
               est
               Episcopus
               Cardinalis
               ;
               creatusque
               est
               ipse
               post
               Eugenium
               [
               &
               Anastasium
               ]
               
                 An.
                 Dom.
              
               1154.
               
               Papa
               Hadrianus
               IV.
               Consulum
               hic
               ademit
               potestatem
               ;
               quae
               orbem
               olim
               ,
               urbem
               hactenus
               administrasset
               ;
               sibi
               retinens
               &
               successoribus
               .
               Copiosissime
               in
               hoc
               &
               palustri
               reliqua
               regione
               ,
               [
               effoditur
               ]
               fomes
               terrea
               ;
               quae
               (
               à
               Torff
               ,
               antiquo
               Rege
               Danico
               ,
               ut
               .....
               prodit
               inventore
               )
               torff
               ,
               etiam
               hodie
               appellantur
               ;
               &
               Latine
               Turbae
               à
               crassioris
               labii
               forensibus
               .
               Mallem
               vero
               à
               Sax.
               tyrf
               quod
               cespitem
               notat
               ,
               (
               V.
               Gloss
               .
               nost
               .
               )
               ni
               inventorem
               à
               re
               inventa
               dictum
               opinatus
               fueris
               .
            
             
               
               Jam
               in
               Norfolciae
               continentem
               transeundus
               est
               undosus
               noster
               Plemmyrium
               ,
               h.
               e.
               Isis
               fluvius
               ;
               qui
               semper
               equidem
               non
               est
               transeundus
               .
               Cum
               enim
               in
               duobus
               aequinoctiis
               maxime
               tumeant
               marini
               aestus
               ,
               &
               potissimum
               (
               ut
               Plinius
               notat
               )
               sub
               Autumnali
               plenilunio
               ;
               hunc
               interdum
               è
               mari
               praevolat
               adeo
               insanus
               undae
               cumulus
               ,
               qui
               se
               fluvii
               undis
               obviis
               non
               apponit
               ,
               sed
               earum
               superficiem
               ita
               rapide
               superlabitur
               ,
               ut
               velocitate
               equitantem
               superet
               ,
               &
               furore
               quaelibet
               occurrentia
               mergat
               &
               evertat
               .
               Venientem
               fugiunt
               naviculae
               ,
               &
               ipsa
               aquatica
               volatilia
               cum
               ingenti
               strepitu
               .
               Fluvii
               accolae
               hoc
               à
               feritate
               
                 the
                 Eagar
              
               nuncupant
               ,
               Matthaeus
               Parisiensis
               (
               si
               recte
               intellexerim
               )
               Hygram
               :
               aliud
               reor
               quam
               Graecorum
               
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
              
               ,
               sed
               non
               aliud
               quam
               undarum
               ingens
               cumulus
               ,
               quem
               è
               lato
               collectum
               mari
               in
               angustias
               fluvii
               subdito
               detrudit
               aestus
               .
               In
               latiori
               enim
               ejus
               parte
               non
               ita
               saevit
               .
               Taceo
               copiosam
               fluvii
               piscaturam
               ;
               de
               eo
               tamen
               dicam
               ,
               ut
               de
               Pergusa
               lacu
               2
               Ovidius
               
                 
                   —
                   Non
                   illo
                   plura
                   Caister
                
                 
                   Carmina
                   cygnorum
                   labentibus
                   audit
                   in
                   undis
                   .
                
              
            
             
               
               Trajecto
               Iside
               ,
               in
               Centuriam
               Clacklose
               pervenitur
               ;
               quae
               cum
               multis
               in
               eadem
               villis
               ad
               Ramesiense
               olim
               spectabat
               Monasterium
               ;
               hodie
               ad
               amplissimum
               
               
               Equitem
               
                 Johannem
                 Har●
              
               ;
               velut
               unum
               illius
               Abbatiae
               coh●r●dum
               .
               Ad
               ponti●
               
               transitum
               primum
               obest
               Downham-market
               ,
               a
               montano
               sita
               nomen
               habens
               ▪
               doun
               en●m
               mons
               est
               ,
               ham
               habitatio
               :
               sed
               in
               membranis
               Regiis
               Downeham-hithe
               ,
               i.
               e.
               portus
               ,
               appellatur
               .
               Mercatum
               illis
               antiquissimum
               ;
               nam
               ab
               1
               Edwardo
               Confessore
               confirmatum
               reperi
               .
               Aspicit
               prope
               in
               aequali
               situ
               Domini
               sui
               aedes
               
               amplas
               &
               exim●as
               ,
               annum
               circiter
               15
               —
               .
               a
               
                 Nicholao
                 Hare
              
               ,
               Jurisperito
               ad
               Stow-Bardolfe
               extructas
               ,
               sed
               lat●fundiis
               ●gregie
               ditatas
               beneficio
               
                 Hugonis
                 Hare
              
               ,
               juris
               item
               peri●i
               &
               fratris
               Nicolai
               ,
               qui
               coelebs
               excedens
               ,
               40000.
               lib.
               &
               eo
               amplius
               dicto
               Joanni
               ex
               Ricardo
               fratre
               pronepoti
               ,
               &
               tantundem
               Hugo●
               ,
               Dommo
               Colera●●
               in
               Hibernia
               ex
               Johanne
               fratre
               nepoti
               ,
               testamento
               dedit
               ;
               me
               in
               eodem
               supravisore
               inter
               alios
               descripto
               .
            
             
               
               Copiosissime
               in
               palustri
               hic
               tractu
               effodiuntur
               focales
               cespites
               ,
               quos
               Turffs
               appellant
               ,
               Danorum
               nobis
               beneficium
               .
               A
               Torfo
               enim
               ipsorum
               Rege
               (
               qui
               floruit
               2
               
                 An.
                 Dom.
              
               —
               )
               inventos
               referunt
               ;
               nomenque
               tenuisse
               inventoris
               .
            
             
               Sub●st
               Wallington
               ,
               quod
               ●
               Coningesbeis
               cum
               uxore
               transiit
               ad
               Franciscum
               Gaudy
               ,
               Capitalem
               nuper
               Civilium
               Placitorum
               Justitiarium
               ,
               qui
               congesta
               h●●●
               plurima
               dominia
               ,
               nepti
               suae
               e
               filia
               Comiti
               Warwici
               desponsatae
               ,
               transmisit
               omnia
               .
               ●iliam
               aut●m
               duxerat
               Gulielmus
               Hatton
               ,
               Cancellarii
               ●
               sorore
               nepos
               .
            
             
               
               Paulum
               hinc
               in
               Euro-notum
               ad
               paludum
               marginem
               ,
               sita
               est
               West-Deerham
               villula
               ,
               cunis
               memoranda
               
                 Huberti
                 Walter
              
               ,
               filii
               Harvei
               Walter
               ,
               &
               fratris
               Theobaldi
               Walter
               ,
               Hiberniae
               pincernae
               ,
               a
               quo
               illustrissima
               Pincernarum
               familia
               ▪
               quam
               Butl●r
               vocant
               )
               &
               Ormondiae
               Comites
               (
               ut
               testatur
               3
               Charta
               Fundationis
               Coenob●●
               de
               Woney
               in
               Hibernia
               )
               originem
               ducunt
               .
               Hic
               Hubertus
               sub
               Ranulpho
               de
               Glanvilla
               ,
               illustri
               illo
               totius
               Angliae
               Justitiario
               enutritus
               ,
               evasit
               Archiepiscopus
               Cantuariae
               ,
               Cancellarius
               Regis
               Ricardi
               I.
               Legatus
               papae
               Celest●i
               
               IV.
               &
               tot●us
               etiam
               Angliae
               Justitiarius
               .
               Miraberis
               tot
               in
               unum
               collatos
               Magistratus
               ,
               praesertim
               si
               recte
               intellexeris
               quanti
               sub
               hoc
               seculo
               munus
               fuerit
               Justitiarii
               ,
               potestate
               scil
               .
               omnes
               regni
               Magistratus
               ,
               dignitate
               omnes
               superantis
               proceres
               .
               Post
               Regem
               ,
               primus
               universam
               complectebatur
               solus
               rem
               judiciariam
               ;
               Officium
               Capitalis
               Justitiarii
               regii
               tribunalis
               ,
               Capitalis
               Justitiarii
               Civilium
               Placitorum
               ,
               Capitalis
               Baronis
               Scaccarii
               ,
               &
               in
               plerisque
               Magistri
               Pup●llorum
               .
               Disposuit
               de
               Thesauro
               Regis
               ,
               &
               in
               regni
               arduis
               elato
               peragebat
               omnia
               supercilio
               .
               In
               absentia
               Regis
               (
               quae
               sub
               istis
               seculis
               crebro
               accidit
               )
               regni
               custos
               &
               Pro-rex
               salutatur
               .
               Tantos
               edidit
               villa
               haec
               obscura
               partus
               ;
               qui
               tamen
               coactus
               est
               ab
               Innocentio
               IV.
               fasces
               istos
               seculares
               deponere
               ,
               &
               aratro
               Christi
               totus
               indulgere
               .
               Ad
               cunarum
               vero
               decus
               ,
               Coenobium
               in
               West-Deereham
               condidit
               :
               acceptique
               memor
               beneficii
               ,
               instituit
               ,
               ut
               pro
               anima
               Ranulphi
               de
               Glanvilla
               ,
               patroni
               sui
               ,
               preces
               hic
               perpetuo
               funderentur
               .
               Sed
               descriptis
               ab
               Henrico
               VIII
               .
               in
               fiscum
               Monasteriis
               ,
               
                 Thomas
                 Deereham
              
               ut
               à
               nomine
               ●edem
               compararet
               ,
               anno
               33.
               ejusdem
               Regis
               hoc
               mercatus
               est
               ;
               possidetque
               hod●e
               post
               cr●bram
               haeredum
               mutationem
               ,
               e
               quinto
               filio
               nepos
               ejus
               homonymus
               ,
               Equ●s
               probus
               .
            
             
               
               Progredienti
               mox
               occurrit
               Ox●burgh
               ,
               dictum
               (
               ut
               suspicor
               )
               pro
               Ouse-burgh
               ,
               quod
               ad
               Isem
               fluvium
               ,
               quem
               Ouse
               appellant
               ,
               sit
               appositum
               .
               Sic
               Oxeforde
               ,
               pro
               Ouse-forde
               .
               Nomen
               antiquitatem
               loquitur
               &
               eminentiam
               .
               Urbes
               enim
               quas
               Britanni
               ●strias
               ,
               Saxones
               nostri
               &
               German●
               Burghs
               vocant
               (
               ut
               &
               recte
               notat
               Littletonu●●
               a
               
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
              
               ,
               pro
               turri
               .
               Haud
               tamen
               aio
               ,
               Burgos
               apud
               nos
               omnes
               ,
               ●●●sse
               ol●●
               urbes
               :
               nam
               vox
               alias
               munimen
               quodlibet
               ,
               &
               interdum
               montem
               no●at
               ,
               a
               
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
              
               ,
               ab
               assurgendo
               in
               altum
               [
               instar
               turris
               .
               ]
               Oxburgus
               igitur
               ,
               si
               clarum
               aliquando
               oppidum
               non
               exstiterit
               ,
               locum
               tamen
               munitum
               fuisse
               non
               est
               dubitandum
               .
               Hoc
               idem
               generaliter
               statuo
               de
               villis
               omnibus
               ,
               in
               quorum
               nomine
               burgh
               deprehenditur
               .
               Sedes
               antique
               fuit
               Weilandorum
               ;
               è
               qua
               familia
               Thomas
               W●ilandus
               ,
               Capitalis
               Justitiarius
               civilium
               Placitorum
               ,
               18.
               
               Edw.
               I.
               in
               
               exilium
               mittitur
               à
               Parliamento
               .
               Postea
               venit
               ad
               Tuddenhamos
               ,
               &
               deinde
               (
               haeredis
               eorum
               nuptiis
               )
               ad
               Bedingfeildos
               ,
               claros
               aliquando
               in
               aula
               Regia
               ,
               &
               florentes
               hodie
               latifundiis
               .
               Duxerat
               quippe
               Edmundus
               Bedingfeildus
               sororem
               Thomae
               Tuddenhami
               Equitis
               amplissimi
               ;
               &
               ex
               regni
               vicissitudine
               fortunarum
               suarum
               dispendium
               metuentes
               ,
               pactum
               ineunt
               obsignatis
               tabulis
               ,
               quod
               Bedingfeildus
               signa
               sequeretur
               Edouardi
               IV.
               Tuddenhamus
               vero
               Henrici
               VI.
               &
               si
               belli
               alea
               Edouardo
               cederet
               ,
               Bedingfeildus
               gratiam
               Regis
               Tuddenhamo
               compararet
               ;
               sin
               é
               contra
               Tuddenhamus
               id
               praestaret
               Bedingfeildo
               .
               Victoriam
               autem
               obtinente
               Edouardo
               IV.
               Bedingfeildus
               à
               Rege
               impetrat
               Tuddenhami
               patrimonium
               ,
               sed
               Tuddenhamus
               ipse
               capite
               plectitur
               ;
               clam
               hoc
               omne
               ;
               nam
               utrique
               aliter
               capitale
               .
            
             
               Hinc
               processit
               versus
               Oxburgum
               ,
               quarto
               distantem
               lapide
               ;
               velut
               burgos
               conjunctura
               fossa
               alia
               hodie
               locis
               aliquibus
               complanata
               ;
               at
               Centuriam
               Clacklose
               ,
               qua
               à
               fluviis
               non
               cingebatur
               ,
               muniens
               &
               disterminans
               .
               Transiens
               autem
               juxta
               Bicham-well
               ,
               appellatur
               Bicham-dich
               ;
               &
               devenit
               terminus
               Libertatum
               
               Ramesiensis
               Ecclesiae
               ex
               parte
               Clacklos
               (
               ut
               Newmarket-dich
               libertatum
               S.
               Ethelredae
               ad
               coenobium
               S.
               Edmundi
               Buriensis
               pertinentium
               .
               )
               Sic
               enim
               Charta
               Henr.
               I.
               Sect.
               215.
               
               
                 Sciatis
                 me
                 concessisse
                 &
                 confirmasse
                 Ecclesiae
                 S.
                 Benedict
                 .
                 de
                 Ramesia
                 ,
                 &c.
                 
                 Socam
                 ,
                 sacam
                 —
                 &
                 omnes
                 libertates
                 &
                 omnia
                 placita
                 ad
                 coronam
                 meam
                 pertinentia
                 apud
              
               Bancastre
               &
               Ringsted
               &
               apud
               Clacos-hundred
               &
               
                 dimid
                 .
                 cum
              
               64.
               
               Socomannis
               
                 ad
                 hundredum
                 pertinentibus
                 ,
                 scilicet
                 infra
              
               Bicham-dich
               &
               
                 apud
                 forum
                 de
              
               Dunham
               ,
               
                 quod
                 pertinet
                 ad
              
               Winebodesham
               .
               Socomanni
               dicti
               sunt
               coloni
               ,
               qui
               domino
               suo
               rem
               expediunt
               frumentariam
               :
               &
               cum
               in
               coenobio
               Ramesiensi
               60.
               essent
               Monachi
               ,
               qui
               totidem
               anguillarum
               vescerentur
               milliariis
               ,
               ut
               in
               Well
               supra
               memoravimus
               ,
               hic
               singuli
               singulis
               suppeditantur
               Socomannis
               ,
               cererem
               ministrantibus
               ,
               quatuor
               Abbati
               reservatis
               .
            
             
               
               Quinto
               hinc
               lapide
               ,
               in
               acclivi
               solo
               Swafham
               conspicitur
               ;
               mercatu
               nobilis
               ,
               quem
               à
               Rege
               .....
               obtinuit
               .
               Aërem
               exhibet
               à
               laudatissimo
               medico
               laudatissimum
               .
               Splendidam
               item
               Ecclesiam
               ,
               cujus
               insulam
               borealem
               pedaneus
               condidit
               aginator
               .
            
             
               
               Descenditur
               hinc
               ad
               Castle-Acre
               ,
               i.
               e.
               castellum
               in
               agro
               ;
               quod
               è
               resurgente
               monte
               late
               prospicit
               adjacentia
               .
               Prisca
               hic
               sedes
               altera
               Comitum
               Warrenniae
               ;
               quorum
               antecessor
               Willelmus
               de
               Warrenna
               forestarius
               Regis
               Gulielmi
               Conquestoris
               ,
               &
               Gulielmus
               de
               Albeneiaco
               pincerna
               ejus
               ,
               sortes
               adeo
               luculentas
               in
               Occidua
               tulerunt
               Norfolciae
               parte
               ,
               cum
               Normannis
               divideretur
               ,
               ut
               nulla
               pene
               villa
               quae
               ab
               Episcopo
               aliquo
               vel
               Monasterio
               non
               possideretur
               ,
               quin
               in
               alterius
               eorum
               ditionem
               cessit
               .
               Testantur
               hoc
               antiqui
               Libri
               Feodales
               ,
               qui
               alterutrum
               faciunt
               cujusque
               pene
               villae
               capitalem
               Dominum
               .
               Ad
               radicem
               castelli
               (
               quod
               rudera
               tantum
               nunc
               ostendit
               )
               Gulielmus
               de
               Warenna
               Comes
               Surregiae
               ,
               
                 An.
                 Dom.
              
               1090.
               condidit
               Prioratum
               in
               honorem
               beatae
               Virginis
               Mariae
               ,
               cellam
               vero
               futuram
               statuit
               Lewensi
               Monasterio
               ,
               quod
               in
               Sussexia
               pater
               ejus
               Gulielmus
               instituerat
               .
               Hic
               me
               monet
               locus
               ,
               ut
               cum
               prudentia
               junctam
               [
               eorum
               ]
               pietatem
               memorem
               ,
               qui
               non
               minus
               animae
               saluti
               quam
               corporis
               consulentes
               ,
               spiritualibus
               se
               militibus
               contra
               hostes
               spirituales
               ,
               aeque
               ac
               secularibus
               contra
               seculares
               munierunt
               .
               Vix
               enim
               reperitur
               primaria
               sedes
               alicujus
               magnatis
               ,
               quae
               castello
               suo
               non
               subjunxit
               coenobium
               .
            
             
               
               Claruit
               &
               contiguis
               West-acre
               eximio
               Monasterio
               .
               Castelli
               pomoerium
               &
               utriusque
               moenia
               Monasterii
               perlabitur
               fluviolus
               elegans
               ,
               Nar
               (
               quod
               aliis
               commune
               est
               nomen
               )
               mihi
               ut
               videtur
               appellatus
               .
               Nam
               in
               procursu
               statim
               occurrit
               Narford
               villula
               ,
               quasi
               Narris
               vadum
               ;
               &
               subinde
               Narburgh
               ,
               quasi
               
               burgus
               seu
               castrum
               ad
               Narrem
               :
               cui
               belle
               convenit
               quod
               in
               Ligurinis
               canitur
               ,
               
                 
                   1
                   Meliori
                   subdita
                   Caelo
                
                 
                   Castra
                   locat
                   ,
                   gelidas
                   vicini
                   Naris
                   ad
                   undas
                   .
                
              
               
               dictum
               de
               Narnia
               ,
               oppido
               Italiae
               ,
               cui
               Nar
               fluvius
               interluens
               nomen
               indidit
               ;
               &
               Tyberi
               conjungitur
               :
               exemploque
               monitus
               ego
               ,
               villas
               has
               nostras
               
                 Narniam
                 advadum
                 ,
                 &
                 Narniam
                 ad
                 burgum
              
               appellabo
               .
            
             
               
               Quod
               de
               Narburgh
               prodiderunt
               incerti
               senes
               ,
               ego
               posteris
               non
               refundam
               .
               Nec
               his
               fidem
               mendicabo
               ,
               quae
               Johannes
               Bramis
               Thetfordensis
               Monachus
               ,
               circa
               aevum
               Henrici
               IV.
               (
               ut
               scriptura
               Codicis
               mihi
               suggerit
               )
               in
               historia
               Waldei
               Regis
               hujus
               tractus
               ,
               decantavit
               .
               Saepe
               tamen
               ejus
               nititur
               auctoritate
               
                 Jo.
                 Catus
              
               ,
               in
               Antiquitate
               Cantabrigiensis
               Academiae
               ,
               &
               ab
               eodem
               succrevisse
               lumen
               mihi
               aliquando
               ,
               non
               negaverim
               .
               Laborare
               cum
               fateor
               Normannorum
               &
               Gallorum
               vitio
               ,
               quo
               Romani
               suos
               deturparunt
               ,
               fictitia
               veris
               commiscentes
               .
            
             
               Nerburgum
               resert
               ,
               civitatem
               fuisse
               sub
               aevo
               Uter
               Pendragonis
               ,
               qui
               Rex
               Britanniae
               floruit
               
                 An.
                 Dom.
              
               500.
               
               Comiti
               cuidam
               Okenardo
               subditam
               .
               Eam
               à
               Waldeo
               fortiter
               obsessam
               ,
               defendisse
               strenue
               septem
               mensibus
               Okenardum
               ;
               noctuque
               saepe
               exsilientem
               hostium
               multos
               interfecisse
               :
               &
               Florentium
               quendam
               Waldeo
               dilectissimum
               truculenter
               vulnerasse
               ;
               Waldeum
               facto
               gravius
               irritantem
               :
               qui
               vindictae
               acriter
               jam
               incumbens
               ,
               Okenardum
               ad
               extremas
               adegit
               angustias
               .
               Fractum
               igitur
               ,
               à
               Seneschallo
               suo
               admonitum
               fuisse
               ut
               se
               fugae
               traderet
               :
               
                 St
                 enim
              
               (
               inquit
               Senescallus
               )
               
                 te
                 Rex
                 Waldeus
                 in
                 manibus
                 poterit
                 habere
                 ,
                 te
                 ut
                 latronem
                 faciet
                 interire
                 .
                 Igitur
                 cum
                 Rex
                 supervenerit
                 ,
                 fugies
                 de
                 civitate
                 ista
                 ,
                 &
                 nos
                 castellum
                 istud
                 custodiemus
                 ,
                 mittemusque
                 ad
                 Waldeum
                 ,
                 &
                 vitam
                 nobis
                 &
                 membra
                 obtinebimus
                 ab
                 eo
                 ,
                 priusquam
                 trademus
                 illud
                 in
                 manus
                 illius
                 .
              
               Okenardus
               igitur
               ,
               nocte
               superveniente
               ,
               equo
               ascenso
               ,
               egressus
               est
               ;
               venit
               &
               Londonias
               ad
               Uther
               ,
               &c.
               
               Senescallus
               autem
               de
               salute
               pactus
               ,
               civitatem
               reddit
               ,
               &
               Waldens
               protinus
               delevit
               eam
               .
               Haec
               &
               plura
               Brainis
               .
               Rerum
               illic
               antique
               gestarum
               ,
               testimonium
               adfert
               ipse
               locus
               .
               Sepimentum
               vetus
               militare
               ,
               ubi
               (
               si
               forte
               uspiam
               )
               castellum
               Okenardi
               .
               Saxones
               burgum
               vocant
               ,
               &
               a
               Narburgo
               usque
               ad
               Oxburgum
               velut
               burgos
               conjunctura
               protenta
               olim
               fossa
               militaris
               ,
               hodie
               licet
               locis
               aliquot
               complanata
               .
               Adde
               quod
               dum
               
                 Clemens
                 Spelman
              
               Eques
               ,
               30.
               abhinc
               annis
               ,
               hortum
               novum
               sub
               radice
               burgi
               moliretur
               ,
               multa
               humana
               ossa
               cum
               armorum
               partibus
               aliquot
               sunt
               effossa
               .
            
             
               Longe
               autem
               ante
               Normannorum
               adventum
               ,
               inducto
               aratro
               ;
               illud
               civitatis
               exhalavit
               dignitatem
               .
               De
               ea
               enim
               ,
               ut
               de
               villula
               rusticana
               ,
               sic
               Liber
               Angliae
               Censualis
               ,
               qui
               Domesdei
               appellatur
               ,
               sub
               Titulis
               
                 Norff.
                 Roger.
                 &
                 Hundred
                 .
                 de
                 Grenehow
                 :
                 Nereburgh
                 tenuit
                 Aelwius
                 tempore
                 Regis
                 Edwardi
                 Confessoris
                 ,
                 modo
                 R.
                 Vicarius
                 terrae
                 pro
                 Manerio
                 .
                 Tunc
              
               [
               erant
               ibidem
               ]
               38.
               
                 villani
                 ,
                 &
                 post
              
               28.
               
                 modo
                 similiter
                 .
                 Tunc
                 &
                 semper
              
               10.
               
               
                 Bordarii
                 ;
                 modo
                 tres
                 .
                 Tunc
                 &
                 post
                 in
                 dominio
              
               3.
               carucatas
               [
               terrae
               ;
               ]
               modo
               2.
               
               Aelwius
               iste
               videtur
               fuisse
               Danus
               ,
               ut
               plerique
               sub
               hoc
               aevo
               Norfolcienses
               ;
               ejectus
               autem
               à
               Rogero
               supradicto
               ,
               puta
               Bigoto
               Normanno
               ,
               cui
               amplam
               in
               hoc
               tractu
               partem
               Gulielmus
               Conquestor
               elargitus
               est
               .
               R.
               vicarius
               terrae
               (
               uti
               censeo
               )
               fuit
               Robertus
               ,
               aut
               Rogerus
               de
               Narburgh
               ,
               qui
               Rogeri
               vice
               hoc
               manerio
               fruitur
               ,
               &
               splendidae
               Narburgorum
               familiae
               (
               qui
               à
               Bigotis
               ipsum
               acceperunt
               ,
               ut
               castrum
               suum
               Norwicense
               feodali
               jure
               tuerentur
               )
               initium
               dedit
               .
               Deficiente
               vero
               sub
               Henrico
               VI.
               prole
               mascula
               Ela
               filia
               Gulielmi
               de
               Narburgh
               Shouldamo
               primum
               ,
               &
               secundis
               nuptiis
               
                 Henrico
                 Spelman
              
               collocatur
               ,
               e
               quorum
               filio
               juniori
               Johanne
               Spelman
               ,
               secundo
               Justitiario
               Regii
               tribunalis
               ,
               valde
               (
               ut
               Fitz-herbert
               testatur
               )
               perito
               in
               lege
               ,
               Johannes
               atnepos
               Narburgo
               potitur
               .
            
             
               
               A
               Narburgh
               crebra
               ludens
               vertigine
               ,
               ad
               
                 Marham
                 &
                 Pentney
              
               ,
               claram
               utramque
               suo
               Monialium
               coenobio
               tendit
               fluviolus
               .
               Deinde
               ad
               Shouldham
               coenobio
               item
               ornatam
               ,
               &
               exhausta
               propemodum
               antiqua
               familia
               Shouldhamorum
               ,
               aquilam
               
               auream
               in
               coelo
               ceruleo
               gestantium
               .
               Mox
               allabitur
               
                 Wormgey
                 &
                 Middleton
              
               ,
               castello
               &
               coenobio
               Monialium
               aliquando
               insignem
               ,
               ad
               Barones
               de
               Scales
               ,
               &
               postea
               ad
               Comites
               Oxoniae
               ex
               nuptiis
               spectantem
               .
               Illam
               castello
               item
               &
               coenobio
               decoratam
               ,
               &
               à
               [
               Willielmo
               ]
               de
               Warrenna
               primo
               Comite
               Surriae
               ,
               ad
               Bardolphos
               clarissimos
               Barones
               deductum
               .
            
             
               Jam
               ad
               Lennum
               properans
               Narra
               fluvius
               ,
               domino
               suo
               Isidi
               conjungitur
               ▪
               
               qui
               Congunum
               fluvium
               ex
               parte
               alia
               suscipiens
               ,
               insignem
               in
               compitis
               stationem
               oppido
               insigni
               expedivit
               .
               Dici
               autem
               Len
               (
               nam
               corrupte
               Lyn
               )
               à
               Britannico
               
               ●hyn
               pro
               stagno
               aut
               diffusis
               aquis
               ,
               si
               vox
               eo
               traheretur
               (
               ut
               Camdenus
               voluit
               )
               non
               assentior
               .
               Saxonicum
               plane
               existimo
               ,
               &
               alias
               praedium
               ,
               alias
               feodum
               significare
               .
               Sic
               apud
               Germanos
               hodie
               Fanelhen
               ,
               praedium
               feu
               feodum
               Baronis
               ;
               &
               Len-Episcopi
               idem
               plane
               quod
               
                 praedium
                 Episcopi
              
               .
               Contrahitur
               etiam
               vox
               Saxonibus
               nostris
               non
               tam
               praedium
               significare
               ,
               quam
               praedium
               Ecclesiasticum
               ;
               quod
               in
               aliarum
               villarum
               nominibus
               saepius
               deprehenderis
               ,
               &
               Britannis
               ipsis
               (
               si
               hoc
               malueris
               )
               omnino
               similiter
               .
               Illis
               enim
               (
               si
               mihi
               non
               imponant
               )
               Ter-llen
               significat
               terram
               Ecclesiae
               ,
               vel
               Ecclesiasticorum
               .
               Labitur
               &
               vir
               optimus
               pede
               altero
               .
               Nam
               hoc
               dictum
               opinatur
               
                 Lennum
                 Episcopi
              
               ;
               illud
               in
               adversa
               ripa
               ,
               (
               vulgo
               
                 Old-Len
                 )
                 Lennum
                 Regis
              
               :
               cum
               Len-Regis
               idem
               sit
               à
               tempore
               Henrici
               VIII
               .
               quod
               eausque
               
                 Len
                 Episcopi
              
               .
               Permutante
               enim
               Rege
               cum
               Episcopo
               Norwicensi
               Monasterium
               S.
               Benedicti
               de
               Hulmo
               ,
               &
               terras
               plurimas
               ,
               pro
               terris
               &
               dominiis
               Episcopatus
               sui
               ;
               Len
               inter
               alia
               ad
               Regem
               transiit
               ,
               &
               jam
               inde
               nomen
               (
               ut
               oportuit
               )
               in
               
                 Lenn
                 Regis
              
               commutavit
               .
               Glauci
               forte
               &
               Diomedis
               permutatio
               ;
               recte
               vero
               si
               ariolar
               ,
               sol
               eatenus
               alium
               non
               vidit
               Lenni
               dominum
               quam
               Episcopum
               East-Anglorum
               .
               Illic
               primarium
               ejus
               municipium
               ,
               illic
               sedes
               altera
               ,
               illic
               cuneum
               .
               Hoc
               in
               Mint-len
               ,
               illa
               in
               contiguo
               Gey-wood
               .
               Magnam
               illic
               &
               primariam
               Ecclesiam
               S.
               Margaretae
               dicatam
               sub
               Gulielmo
               Rufo
               struxit
               Herbertus
               de
               Losinga
               ,
               qui
               Episcopatum
               transtulit
               de
               Thetfordia
               in
               Norwicum
               .
               Praetoem
               dedit
               Rex
               Johannes
               ;
               à
               Joanne
               Graio
               ,
               Episcopo
               Norwicensi
               ,
               Villae
               domino
               (
               cum
               Regem
               hic
               lautissime
               excepisset
               )
               exoratus
               .
               Regis
               tamen
               non
               Officialem
               fore
               sed
               Episcopi
               ;
               jurandumque
               novum
               
               quotannis
               in
               curia
               seu
               praetorio
               Episcopi
               Gaywodensi
               ,
               ubi
               aulam
               &
               egregiam
               molem
               Praesul
               iste
               suscitabat
               .
               Episcopo
               igitur
               in
               omnibus
               subaudiens
               ,
               homo
               Episcopi
               nuncupatus
               est
               .
               Largitur
               Rex
               praeterea
               splendida
               privilegia
               ,
               &
               à
               latere
               (
               ut
               ferunt
               )
               gladium
               suum
               ;
               sed
               quo
               nomen
               ejus
               magis
               celebrant
               quam
               in
               aliis
               omnibus
               munificentiis
               ,
               cyphum
               ex
               argento
               egregium
               ,
               interius
               deauratum
               ,
               &
               exterius
               encausto
               (
               quod
               miraberis
               )
               insolito
               ,
               costisque
               ex
               auro
               solido
               illustratum
               .
               Piaculum
               ducunt
               merum
               non
               lectissimum
               ex
               hoc
               haurire
               :
               &
               hauriunt
               quidem
               ,
               non
               libant
               ;
               caduntque
               interea
               cypho
               plures
               quam
               ipso
               gladio
               (
               Dicam
               cum
               Martiali
               :
               
                 
                   Hic
                   Scyphus
                   est
                   in
                   quo
                   misceri
                   jussit
                   amicis
                
                 
                   Largius
                   1
                   Henricides
                   ,
                   &
                   bibit
                   ipse
                   merum
                   )
                
              
               quem
               ostendunt
               hodie
               ,
               &
               à
               latere
               Regis
               Johannis
               traditum
               perhibent
               ,
               Majori
               praeferendum
               :
               ego
               vero
               ut
               credam
               non
               adducor
               .
               Non
               enim
               Regis
               fuit
               ,
               sed
               Episcopi
               municipium
               ;
               nec
               Majorem
               statuit
               Rex
               Johannes
               sed
               Praepositum
               ,
               quem
               Henricus
               III.
               in
               Majorem
               commutavit
               ,
               cum
               Lenni
               cives
               in
               Insula
               Eliensi
               partes
               ejus
               contra
               pr●scriptos
               Barones
               ,
               fidelius
               multo
               quam
               feliciter
               [
               tuebantur
               ]
               &
               in
               Charta
               Regis
               Johannis
               qua
               id
               privilegii
               concederetur
               ,
               nulla
               gladii
               mentio
               .
               Certe
               Henrici
               VIII
               .
               donum
               fuit
               ,
               cum
               villam
               consecutus
               esset
               ab
               Episcopo
               .
               Novis
               enim
               eam
               ornans
               privilegiis
               ,
               &
               Burgenses
               mutavit
               in
               Aldermannos
               ;
               &
               gladium
               ,
               (
               expressis
               in
               Charta
               verbis
               )
               Majori
               concessit
               praeferendum
               .
               Testatur
               ipsius
               gladii
               in
               capulo
               inscriptio
               .
            
             
               Dominium
               villae
               cum
               censu
               ,
               vectigali
               &
               theolonio
               ad
               Episcopos
               spectabat
               ;
               sed
               theolonii
               tertiam
               partem
               Comites
               Arundelii
               jure
               castri
               sui
               de
               Risinge
               vendicabant
               .
               Hanc
               cum
               aliquando
               
                 Rogerus
                 de
                 Monte
                 alto
              
               ,
               Baro
               eximius
               ,
               &
               jam
               castri
               dominus
               à
               Lennensibus
               postulasset
               ;
               moeniis
               atque
               carcere
               interclusum
               tenent
               ,
               donec
               relaxasset
               jus
               suum
               ,
               juramentoque
               confirmasset
               ,
               se
               nunquam
               super
               hoc
               aut
               inficias
               iturum
               ,
               aut
               apud
               Regem
               conquesturum
               .
               Longae
               extant
               rei
               ambages
               in
               Fisci
               schedis
               ,
               Anno
               .....
               Edw.
               II.
               Sed
               &
               in
               ipsum
               municipii
               
               sui
               dominum
               ,
               Norwicensem
               Episcopum
               ,
               cervicem
               adeo
               erexerunt
               ,
               ut
               jura
               aliquot
               quae
               super
               eis
               habuit
               dominii
               ratione
               ,
               pauperibus
               Risingae
               Burgensibus
               (
               velut
               in
               ludibrium
               &
               conculcationem
               )
               elocavit
               .
               Incentivum
               prodere
               videtur
               haec
               Charta
               ;
               quam
               ab
               alia
               pariter
               denotanda
               supposuimus
               :
            
             
               
                 W.
                 Dei
                 gratia
                 Episcopus
                 Norwicensis
                 ,
                 dilectis
                 &
                 fidelibus
                 suis
                 Johanni
                 de
                 Bedeford
                 .
                 Gilb.
                 fil
                 .
                 Warin
                 .
                 &
                 omnibus
                 aliis
                 probis
                 hominibus
                 suis
                 Lenn
                 .
                 Excepto
                 Eadmundo
                 de
                 Wasingham
                 Majore
                 nostro
                 &
                 fautoribus
                 suis
                 ,
                 salutem
                 &
                 Dei
                 benedictionem
                 .
                 Sciatis
                 quod
                 cum
                 nuper
                 in
                 die
                 Sti.
                 Stephani
                 venissent
                 ad
                 nos
                 apud
                 Norwicum
                 dictum
                 Eadmundus
                 Angerus
                 de
                 Rising
                 &
                 quatuor
                 alii
                 Burgenses
                 tam
                 ex
                 parte
                 nostra
                 quam
                 ex
                 parte
                 sua
                 ,
                 villam
                 nostram
                 de
                 Lenn
                 peterent
                 ad
                 firmam
                 sicut
                 prius
                 ;
                 Nos
                 habito
                 cum
                 pluribus
                 viris
                 sapientibus
                 consilio
                 ,
                 tandem
                 optulimus
                 eis
                 ut
                 ipsi
                 Eadmundus
                 Angerus
                 &
                 duo
                 alii
                 ditiores
                 villae
                 reciperent
                 villam
                 illam
                 ad
                 firmam
                 ,
                 viz.
                 tali
                 modo
                 quod
                 neminem
                 talliarent
                 ,
                 nec
                 pauperes
                 gravarent
                 ,
                 nec
                 alicui
                 injuriam
                 facerent
                 .
                 Quod
                 quidem
                 penitus
                 refutaverunt
                 ,
                 &
                 Willielmum
                 de
                 Pinkebek
                 ut
                 Ballivum
                 nostrum
                 receperunt
                 cum
                 gratiarum
                 actione
                 .
                 Et
                 super
                 hoc
                 audivimus
                 ,
                 quod
                 (
                 nescimus
                 quorum
                 ducti
                 consilio
                 )
                 ipsum
                 Willielmum
                 ut
                 Ballivum
                 admittere
                 recusantes
                 ingressum
                 Domorum
                 nostrarum
                 &
                 Bothae
                 nostrae
                 denegaverunt
                 eidem
                 .
                 Et
                 ideo
                 vobis
                 mandamus
                 quod
                 in
                 fide
                 qua
                 nobis
                 tenemini
                 ,
                 eidem
                 Willielmo
                 &
                 Ballivo
                 nostro
                 sitis
                 intendentes
                 ,
                 &
                 eidem
                 ingressum
                 &
                 seisinam
                 domorum
                 nostrarum
                 ,
                 Gwyldhallae
                 ,
                 &
                 Bothae
                 nostrae
                 habere
                 faciatis
                 sine
                 omni
                 dilatione
                 ,
                 ut
                 fidelitatem
                 &
                 discretionem
                 vestram
                 merito
                 debeamus
                 commendare
                 .
                 Datum
                 apud
                 Thefford
                 III.
                 Kalend.
                 Januar.
                 Pontisicatus
                 nostri
                 anno
                 IV.
                 
              
            
             
               Esculentis
               &
               poculentis
               ita
               a
               natura
               accommodatum
               ,
               ut
               penarium
               Cereris
               atque
               Bacchi
               videatur
               .
               Ex
               parte
               enim
               ejus
               Orientali
               tanta
               incumbit
               vis
               frumenti
               ,
               ovium
               ,
               cuniculorum
               ,
               &
               campestrium
               alatilium
               ;
               &
               ex
               parte
               Occidentali
               ,
               casei
               ,
               butyri
               ,
               boum
               ,
               cygnorum
               ,
               &
               palustrium
               volatilium
               ;
               in
               viciniis
               ,
               piscium
               hinc
               marinorum
               illinc
               sluvialium
               &
               recentium
               ;
               ut
               vix
               in
               tota
               Britannia
               ,
               forte
               &
               Europa
               ,
               in
               consimili
               circuitu
               tanta
               habeatur
               eduliorum
               diversorum
               copia
               .
            
             
               
               Lenno
               per
               Gaywodiam
               (
               de
               qua
               diximus
               )
               exeunti
               Ashwicken-Thoresbei
               prostat
               ,
               domicilium
               dixerim
               an
               latibulum
               ,
               nescio
               ;
               sed
               splendido
               cinctum
               patrimonio
               ,
               domino
               satis
               dispari
               dominatum
               .
            
             
               In
               recto
               quem
               faciunt
               angulo
               
                 Isis
                 &
                 Congunus
              
               fluvii
               ,
               e
               palustri
               solo
               assurgit
               ,
               
               nomen
               inde
               deferens
               ,
               Rising
               ;
               &
               egesto
               ex
               immani
               fossae
               colle
               arduo
               in
               gyrum
               dato
               ,
               castro
               insuper
               coronatur
               .
               Fossae
               species
               Gothica
               est
               ,
               ut
               Procopius
               docet
               ,
               Normannisque
               ideo
               usitata
               ,
               genus
               à
               Gothis
               deducentibus
               .
               Licet
               enim
               Saxones
               castra
               sua
               ,
               gyrata
               etiam
               fossa
               circumscripserint
               ,
               angustiori
               tamen
               usi
               sunt
               ,
               &
               minus
               depressa
               ,
               sed
               majoris
               plerumque
               circumferentiae
               ;
               qua
               &
               hos
               Romani
               superabant
               .
               Romani
               autem
               (
               ut
               Polybius
               refert
               &
               Vegetius
               )
               in
               oblongum
               ,
               si
               pateretur
               locus
               ,
               castrametebantur
               quadrum
               ,
               fossaque
               16.
               tantum
               muniebant
               pedum
               ,
               praetenta
               anteriori
               lateri
               fossa
               alia
               quam
               loricam
               appellabant
               .
               Formam
               infra
               videris
               ,
               cum
               de
               Brancaster
               tractaverimus
               .
               Ex
               his
               quae
               diximus
               ,
               uniuscujusque
               populi
               ,
               Romani
               ,
               Saxonis
               ,
               Dani
               ,
               &
               Normanni
               deprehendas
               munimentum
               .
            
             
               Romanos
               apud
               Risinge
               aliquid
               habuisse
               praesidii
               ,
               &
               loci
               monet
               opportunitas
               ,
               littus
               procul
               nudum
               ,
               portum
               juxta
               celebrem
               despicientis
               ;
               &
               effossus
               in
               vicinia
               nummus
               Constantini
               magni
               inde
               pridem
               ad
               me
               allatus
               .
            
             
               Castri
               exterior
               fabrica
               ,
               Norwicensem
               exprimit
               ;
               tecto
               pariter
               &
               intestinis
               spoliata
               .
               Tribus
               in
               muro
               firmata
               turribus
               ,
               quas
               trium
               maneriorum
               domini
               ,
               viz.
               de
               
                 Hunstanton
                 ,
                 Wutton
                 ,
                 &
                 Ridon
                 ,
              
               feodali
               obsequio
               tuebantur
               .
               Municipium
               adeo
               vetus
               ,
               ut
               originem
               ejus
               nesciant
               archiva
               Regia
               .
               Praetore
               gaudet
               ,
               &
               binis
               olim
               in
               hebdomade
               mercatis
               ;
               nundinisque
               in
               anno
               quolibet
               15.
               dierum
               .
               Ab
               anno
               .....
               duos
               misit
               ad
               Comitia
               regni
               Procuratores
               ,
               quos
               Burgenses
               vocant
               .
               Vetus
               fuit
               Albeniorum
               ,
               Comitum
               Arundeliae
               possessio
               ,
               &
               in
               
               divisione
               amplissimi
               eorum
               patrimonii
               inter
               sorores
               Hugonis
               Comitis
               ,
               in
               portionem
               cessit
               Roberti
               de
               Monte
               alto
               ,
               Baronis
               limitanei
               .
               
                 
                   Robertus
                   de
                   Monte
                   alto
                   ,
                   qui
                   .....
                   Reliqua
                   desiderantur
                   .
                
              
               Prisas
               hic
               vocat
               ,
               jus
               capiendi
               annonam
               in
               villis
               circumjacentibus
               ad
               sustentationem
               castri
               ,
               precium
               intra
               40.
               dies
               reddentibus
               ,
               ut
               Stat.
               An.
               3.
               
               Edw.
               I.
               definitum
               est
               .
            
             
               
               Ad
               orientalem
               Risingae
               limitem
               
                 (
                 Mantua
                 me
                 miserum
                 nimium
                 vicina
                 Cremonae
                 )
                 Congham
              
               adest
               ,
               nomen
               a
               Conguno
               quem
               emittit
               fluviolo
               auspicata
               .
               Hic
               pars
               maxima
               nostri
               patrimonii
               ,
               quam
               obtinuit
               olim
               
                 Gulielmus
                 Rusteng
              
               ,
               qui
               sub
               Comite
               Arundeliae
               militans
               in
               terra
               sancta
               tempore
               Richardi
               I.
               Miles
               factus
               est
               ab
               eodem
               Comite
               ,
               prout
               etiam
               —
               de
               Ingolsthorpe
               ,
               &
               Andreas
               de
               Sharneburne
               .
               Hoc
               quippe
               seculo
               dominis
               licuit
               capitalibus
               clientes
               suos
               milites
               instituere
               ,
               etiam
               Episcopis
               &
               Abbatibus
               .
               Sed
               Abbatibus
               prohibetur
               in
               Concilio
               [
               1
               Londinensi
               sub
               Anselmo
               Archiepiscopo
               Cantuariensi
               ,
               An.
               1102.
               ]
            
             
               Ad
               Mallingham
               hinc
               proceditur
               ,
               quam
               Robertus
               Mordant
               Prothonotarius
               Civilium
               Placitorum
               sub
               Henrico
               VIII
               .
               nuptiis
               tulit
               Barbarae
               ,
               filiae
               &
               haeredis
               Johannis
               le
               Strange
               jurisconsulti
               ,
               easdemque
               transmisit
               ad
               Pronepotem
               .
               
            
             
               Huc
               se
               adjungit
               Rougham
               ,
               ab
               aevo
               Richardi
               II.
               Yelvertonorum
               sedes
               ,
               e
               quibus
               Willielmus
               sub
               Henrico
               VI.
               Christophorus
               sub
               Elizabetha
               ,
               &
               Henricus
               hodie
               ,
               Justitiarii
               claruere
               ;
               hoc
               est
               ,
               (
               ut
               avum
               taceam
               ,
               qui
               &
               jurisconsultus
               fuit
               )
               filius
               pater
               ,
               &
               tritavus
               .
               Sed
               
                 Christophorus
                 &
                 Henricus
              
               in
               Northamptoniae
               consederunt
               Comitatu
               .
            
             
               Descripsi
               ante
               aliquot
               annos
               in
               Norfolciae
               tabula
               geographica
               circulum
               ,
               duodecem
               habentem
               in
               semidiametro
               mille
               passus
               .
               Centrum
               posui
               in
               campis
               Roughamiae
               ,
               deprehendique
               sub
               illius
               ambitu
               fuisse
               24.
               
               Monasteria
               ,
               totidemque
               minorum
               nobilium
               domicilia
               .
               Simul
               in
               vigore
               omnia
               ,
               cum
               ferale
               illud
               exiit
               de
               excindendis
               monasteriis
               Senatus-consultum
               .
               Domicilia
               ab
               iisdem
               familiis
               vel
               eatenus
               (
               puta
               90.
               post
               excidium
               annos
               )
               possideri
               .
               Monasteria
               vero
               ,
               ter
               ,
               quater
               ,
               quinquies
               ,
               dominos
               cum
               familiis
               eructasse
               ,
               nec
               reperiri
               hodie
               Monasterii
               sedem
               ,
               quamvis
               uberem
               &
               amaenam
               unamquamque
               (
               nam
               ,
               ut
               Abel
               ,
               pinguia
               Deo
               sacrificabant
               majores
               nostri
               )
               qua
               una
               eademque
               familia
               nobilis
               est
               gavisa
               .
               Duas
               excipio
               ,
               quarum
               altera
               non
               dum
               tertiam
               ,
               altera
               ne
               secundam
               transiit
               generationem
               .
               Sed
               nec
               haec
               familiae
               alicujus
               habitatio
               ;
               nec
               illa
               à
               gravissimis
               infortuniis
               unquam
               libera
               .
               Par
               in
               reliquis
               observatio
               ;
               ut
               intelligas
               non
               inanes
               fuisse
               multiplices
               illas
               maledictiones
               raptoribus
               istorum
               à
               veteribus
               imprecatas
               ;
               nominis
               vel
               familiae
               exstirpationem
               ,
               patrimonii
               effusionem
               ,
               lites
               &
               jurgia
               diuturna
               ,
               infortunia
               saepe
               gravissima
               ,
               saepe
               etiam
               capitale
               excidium
               .
               Numerosa
               praesto
               sunt
               exempla
               ;
               sed
               hic
               aliud
               institutum
               .
            
             
               
               Sed
               recurrendum
               mihi
               est
               in
               occidentem
               ad
               Borealem
               ,
               quem
               faciunt
               Isis
               &
               Congunus
               ,
               angulum
               .
               Illic
               Babbingley
               ,
               ubi
               S.
               Felix
               East-Anglorum
               Apostolus
               ,
               circiter
               
                 An.
                 Dom.
              
               630.
               à
               Dunmocco
               applicans
               ,
               incolas
               imbuit
               Christiana
               fide
               ,
               primamque
               hujus
               tractus
               Ecclesiam
               condidit
               ,
               quae
               à
               posteris
               ejus
               dicata
               patrocinio
               ,
               hodie
               S.
               Felicis
               appellatur
               .
               Rei
               memoriam
               etiam
               praedicant
               adjacentes
               
               montes
               ,
               Christianorum
               dicti
               ,
               
                 the
                 Christian-hills
              
               ;
               &
               in
               vicinia
               Flitcham
               ,
               quasi
               Felix-ham
               ,
               i.
               e.
               Felicis
               villa
               seu
               habitatio
               .
               Haec
               Coenobio
               ornabatur
               Monialium
               ,
               quod
               ejus
               fundator
               Cellam
               statuit
               ,
               ad
               Abbatiam
               S.
               Mariae
               Walsinghamiae
               pertinentem
               ;
               dictaque
               ipsa
               est
               
                 S.
                 Maria
                 de
                 Fontibus
              
               ,
               quod
               ab
               Oriente
               fontes
               ostendit
               aprico
               interdum
               meatu
               ,
               interdum
               subterraneo
               ludentes
               .
            
             
               Habetur
               hic
               in
               campis
               quadrata
               area
               &
               leni
               conclusa
               fossa
               Mallobergium
               ,
               quod
               incolae
               Flitcham-burgh
               nuncupant
               .
               Ibi
               olim
               ,
               ut
               in
               Praetorio
               conveniri
               soliti
               sunt
               Centumvirales
               judices
               
                 (
                 the
                 Free-holders
              
               vocant
               )
               cum
               istius
               Centuriae
               seu
               Hundredi
               ,
               tum
               &
               aliarum
               ad
               lites
               in
               Centuria
               emergentes
               dirimendas
               .
               Sic
               enim
               in
               Brevi
               quodam
               Gulielmi
               Rufi
               .
               
                 Willielmus
                 Rex
                 Anglorum
                 
                 H.
                 Camerario
                 salutem
                 .
                 Facias
                 convenire
                 &
                 considere
                 tres
                 Hundredos
                 &
                 dimidium
                 apud
                 Flicceham-burch
                 propter
                 terram
                 illam
                 de
                 Holme
                 ,
                 &c.
                 
              
               Huc
               etiam
               convenire
               olim
               solebant
               Centenarii
               ,
               ad
               Dominum
               Hundredi
               eligendum
               :
               &
               ex
               prisci
               moris
               vestigia
               huc
               annuatim
               hodie
               indicuntur
               Centenarii
               seu
               Hundredarii
               obsequium
               domino
               Hundredi
               (
               quem
               
                 Sectam
                 Hundredi
              
               vocant
               )
               praestituri
               .
            
             
               Progredienti
               versus
               Boream
               ,
               Appleton
               ,
               ubi
               splendidas
               aedes
               non
               ita
               pridem
               exstruxit
               Edouardus
               Paston
               ;
               &
               Sandringham
               ,
               ubi
               ab
               aevo
               Edw.
               III.
               Cobbarum
               succrevit
               familia
               ,
               à
               laeva
               praeteritis
               ad
               Sharneburne
               descenditur
               .
               Hic
               Thokus
               quidam
               loci
               Dominus
               ,
               a
               S.
               Felice
               conversus
               &
               baptizatus
               ,
               secundam
               extruxit
               Ecclesiam
               ,
               quam
               in
               honorem
               SS
               .
               Petri
               &
               Pauli
               Felix
               dedicavit
               .
               
               Parvam
               siquidem
               ,
               &
               (
               pro
               ratione
               illius
               aevi
               )
               ligneam
               ;
               unde
               longo
               tempore
               Stock-chappel
               appellata
               est
               .
               Thoki
               deinceps
               haeres
               ex
               multis
               suscepta
               nepotibus
               ,
               Edwino
               cuidam
               Dano
               Angliam
               venienti
               cum
               Canuto
               Rege
               
                 An.
                 Dom.
              
               1014.
               desponsata
               est
               ;
               Edwino
               Rex
               Canutus
               Snetesham
               dedit
               ,
               &
               multa
               praedia
               de
               quibus
               postea
               ,
               Sherburnamque
               uxoris
               patrimonium
               confirmavit
               .
               Hic
               ille
               omnibus
               pace
               atque
               otio
               fruitur
               ,
               donec
               à
               Normannis
               ejectus
               est
               ex
               omnibus
               .
               1
               Distribuente
               enim
               inter
               Commilitones
               Angliam
               Gulielmo
               Conquestore
               ,
               &
               partes
               hic
               amplissimas
               Gulielmo
               de
               Albeneio
               ,
               &
               Gulielmo
               de
               Warrenna
               concedente
               ,
               ejecerunt
               illi
               quotquot
               vellent
               ,
               &
               Edwinum
               pariter
               expulerunt
               .
               Conqueruntur
               pulsi
               &
               ejecti
               apud
               Regem
               ,
               &
               (
               ut
               verbis
               utar
               MS.
               Cod●cis
               )
               
                 dixerunt
                 ei
                 quod
                 nunquam
                 ante
                 conquestum
                 ,
                 nec
                 in
                 conquestu
                 ,
                 nec
                 post
                 ,
                 fuerunt
                 contra
                 ipsum
                 Regem
                 in
                 consilio
                 vel
                 auxilio
                 ,
                 sed
                 tenuerunt
                 se
                 in
                 pace
                 ;
                 &
                 hoc
                 parati
                 fuerint
                 probare
                 quomodo
                 ipse
                 Rex
                 vellet
                 ordinare
                 .
              
               Per
               quod
               idem
               Rex
               fecit
               inquiri
               per
               totam
               Angliam
               .
            
             
               Possedit
               praeterea
               Thokus
               quicquid
               jacet
               ab
               Occidente
               Sharnburniae
               ,
               versus
               mare
               ;
               deditque
               totum
               Ingulpho
               cuidam
               cum
               filia
               unica
               in
               matrimonium
               ,
               qui
               de
               nomine
               suo
               villam
               ibi
               condidit
               Ingolsthorpe
               ,
               ut
               refert
               MS.
               
               Liber
               cui
               fidem
               cedo
               ,
               licet
               ego
               dictam
               putassem
               ab
               Ingol
               fluviolo
               ,
               qui
               hic
               mare
               ingreditur
               .
            
             
               Ad
               fontem
               Ingolis
               habetur
               Netesham
               ,
               i.
               e.
               villa
               vaccaria
               ,
               hodie
               Snetsham
               ,
               quam
               (
               ut
               diximus
               )
               Canutus
               dedit
               Edwino
               Dano
               ;
               sed
               eripuit
               illi
               Gulielmus
               de
               Albeney
               Normannus
               ;
               suaeque
               prosapiae
               Comitibus
               Arundeliae
               permansit
               ,
               donee
               ex
               nuptiis
               unius
               haeredum
               ad
               Monte-altos
               transiit
               ,
               &
               ab
               his
               per
               stirpem
               regiam
               ad
               duces
               Lancastriae
               .
               Nobile
               dominium
               &
               splendidis
               ornatum
               privilegiis
               ;
               sed
               inter
               ignobiles
               jampridem
               distractum
               .
            
             
               Dedit
               etiam
               Canutus
               Edwino
               Dano
               planiciem
               ex
               parte
               Orientali
               Sneteshamiae
               ,
               ad
               senos
               incultam
               mille
               passus
               .
               Illic
               Edwinus
               in
               lapideo
               colle
               ,
               quem
               seculi
               illius
               Latinastri
               
                 Hogum
                 pecosum
              
               appellabant
               ,
               Stanehow
               condidit
               .
            
             
               
               A
               vado
               hic
               prope
               arundineo
               nomen
               ascivit
               Sedgeford
               ,
               Ecclesiae
               S.
               Trinitatis
               Norwici
               olim
               collata
               :
               sed
               possessio
               nuper
               Johannis
               le
               Strange
               ,
               cujus
               ego
               filiam
               primogenitam
               in
               matrimonium
               duxi
               ;
               patrimonium
               vero
               (
               qua
               per
               fas
               aut
               nefas
               )
               sub
               puellarum
               abrasit
               socer
               infantia
               ;
               suam
               inde
               pinguescens
               sobolem
               .
               Injuriae
               ,
               longae
               sunt
               ambages
               .
               Transeo
               .
            
             
               Sedgfordia
               exeunti
               exurgit
               Promontorium
               S.
               Edmundi
               Regis
               &
               Martyris
               nobilissimi
               ;
               qui
               ab
               Offa
               Rege
               East-Anglorum
               in
               regni
               adoptatus
               successionem
               ,
               splendido
               navium
               &
               ministrorum
               apparatu
               ,
               à
               Germania
               ,
               huc
               in
               portum
               vicinum
               appulit
               ,
               cui
               nomen
               eo
               tempore
               fuit
               Maiden-boure
               ,
               i.
               e.
               thalamus
               virginis
               .
               Quis
               autem
               hic
               esset
               locus
               magna
               me
               tenuit
               dubitatio
               .
               Portum
               de
               Hecham
               exilem
               &
               obscurum
               censeo
               ;
               nec
               Burneham
               satis
               laudabilem
               ad
               splendidum
               excipiendum
               navigium
               ,
               quamvis
               naves
               illius
               seculi
               satis
               agnosco
               tenues
               .
               Lennum
               igitur
               in
               considerationem
               veniens
               ,
               prae
               caeteris
               arridet
               ;
               tum
               quod
               portus
               sit
               tractus
               istius
               eminentior
               ,
               tum
               quod
               S.
               Margaretae
               virginis
               sacrarium
               esset
               &
               thalamus
               .
               Hanc
               enim
               Lennenses
               ex
               antiquo
               Divam
               coluere
               
               tutelarem
               ;
               templi
               ejus
               custodes
               sunt
               ,
               &
               in
               honorem
               ejus
               tria
               capita
               draconis
               ,
               quem
               illa
               cruce
               armata
               triumphasse
               dicitur
               ,
               singulo
               in
               ore
               singulis
               sauciata
               crucibus
               ,
               pro
               insignibus
               gestant
               .
               Habeturque
               Emblema
               Virginis
               in
               sigillo
               suo
               publico
               ,
               draconem
               cruce
               vulnerantis
               &
               conculcantis
               ,
               cum
               hac
               circumscriptione
               
                 
                   Stat
                   Margareta
                   ,
                   draco
                   fugit
                   ,
                   in
                   cruce
                   laeta
                   .
                
              
            
             
               Sanctus
               vero
               Edmundus
               à
               Maidenbore
               non
               longe
               progressus
               ,
               villam
               condidit
               regalem
               Hunstanstone
               ;
               quod
               Johannes
               1
               Pringtonus
               
                 dulcedinem
                 &
                 potentiam
              
               interpretatur
               ;
               moratusque
               illic
               per
               annum
               pene
               ,
               
                 Psalterium
                 Davidis
              
               in
               Saxonico
               idiomate
               memoriter
               sategit
               recitare
               .
               Liber
               ipse
               à
               clientibus
               suis
               Monachis
               Buriensibus
               in
               ipsius
               honorem
               religiose
               custodiebatur
               ,
               usque
               ad
               excidium
               Monasteriorum
               .
               Ab
               Hunstantonia
               perrexit
               Athelburgum
               ,
               regnique
               anno
               16.
               martyrio
               coronatus
               ,
               Divorum
               ascribitur
               collegio
               ;
               &
               in
               vertice
               Promontorii
               Hunstantoniensis
               capella
               splendida
               honorabatur
               .
            
             
               Pervenit
               deinceps
               haec
               villa
               Regia
               ad
               Alfricum
               ,
               sub
               Canuto
               Rege
               Elmamensem
               Episcopum
               ;
               qui
               eandem
               ,
               cum
               Holme
               adjacente
               vicula
               (
               cujus
               Ecclesiam
               struxit
               Hen.
               Nottingham
               )
               Monasterio
               S.
               Edmundi
               Buriensis
               dono
               dedit
               .
               Sed
               deducta
               postea
               sub
               ingressu
               Normannorum
               ,
               ad
               Albeneios
               jure
               feodali
               Extran●is
               vulgo
               
                 le
                 Strange
              
               ceditur
               ,
               ob
               praesidium
               à
               2.
               militibus
               faciendum
               in
               castro
               de
               Risinge
               .
               Longe
               itaque
               mansit
               apud
               Barones
               le
               Strange
               de
               Knoken
               ;
               sed
               à
               Johanne
               Barone
               An.
               9.
               
               Edw.
               I.
               confertur
               in
               Hamonem
               fratrem
               suum
               de
               se
               &
               haeredibus
               suis
               tenendum
               per
               ser
               .
               —
               E
               cujus
               prosapia
               illic
               hodie
               floret
               
                 Hamo
                 le
                 Strange
              
               Equ
               .
               priscam
               familiam
               avitis
               ornans
               virtutibus
               ,
               &
               (
               quod
               magis
               in
               precio
               )
               facultatum
               accessione
               .
            
             
               Cerere
               (
               ut
               Hiblen
               melle
               ,
               croco
               Tmolum
               invidere
               taceam
               )
               luxuriat
               pars
               haec
               maritima
               ,
               praesertim
               hordeo
               ,
               ex
               quo
               vinum
               conficiunt
               Britannicum
               ,
               vitis
               aemulum
               ;
               Saxonibus
               antiquis
               bier
               (
               quod
               proprie
               hordeum
               significat
               )
               appellatum
               .
               
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
              
               Graecis
               ,
               qui
               hoc
               adeo
               capiebantur
               latice
               ,
               ut
               in
               honorem
               ejus
               Byrtorum
               seu
               hordeaceorum
               festum
               instituere
               ,
               à
               Constantinopolitanis
               usque
               ad
               Anastasium
               Imp.
               qui
               hoc
               sustulit
               ,
               celebratum
               .
               Festum
               (
               inquam
               )
               sustulit
               Imperator
               Anastasius
               ,
               laticis
               desiderium
               omnes
               non
               tollent
               Imperatores
               .
               At
               num
               Saxonibus
               Beire
               in
               usu
               ?
               Bryton
               (
               inquam
               )
               seu
               potus
               hordeaceus
               ,
               quem
               alio
               nomine
               eale
               ,
               &
               à
               dulcedine
               Soth-eale
               appellabant
               :
               non
               noster
               iste
               lupulatus
               :
               nam
               cum
               hordeo
               lupulus
               ante
               medium
               regni
               Henrici
               VIII
               .
               nuptias
               non
               inierat
               .
               Ex
               illa
               vero
               die
               summo
               in
               honore
               lupulatum
               Bryton
               ;
               quod
               (
               ut
               Graeci
               )
               Numen
               colimus
               ,
               salutisque
               praedicamus
               donatorem
               .
               O
               funestam
               &
               infelicem
               salutem
               !
               Prima
               enim
               quae
               hic
               unquam
               pota
               fuit
               ,
               in
               excidium
               transiit
               totius
               gentis
               .
               Cum
               Hengistum
               Saxonem
               ad
               auxilium
               induxisset
               Rex
               Britannus
               Vortiger
               ,
               &
               hospes
               hospitem
               mutuis
               se
               exciperet
               convivationibus
               ,
               Roëna
               Hengisti
               filia
               pernoctanti
               apud
               patrem
               Regi
               propinans
               ait
               ,
               Was-hale
               .
               Rex
               loquelam
               non
               intelligens
               ,
               quid
               dixisset
               ,
               quaerit
               à
               circumstantibus
               ;
               Responsum
               est
               potare
               eam
               salutem
               Regi
               ;
               qui
               rei
               captus
               novitate
               ,
               blanditias
               colit
               cum
               virgine
               ,
               &
               brevi
               in
               uxorem
               ducit
               .
               Illa
               patris
               erudita
               technis
               ,
               Proceres
               regni
               ad
               convivium
               vocat
               ,
               ubi
               ex
               insidiis
               trucidantur
               omnes
               ,
               &
               ad
               Saxones
               translatum
               regnum
               .
            
             
               Hic
               Branodunum
               (
               à
               Brano
               non
               procul
               fluvio
               ,
               &
               duno
               pro
               monte
               )
               vulgo
               Brancaster
               ,
               i.
               e.
               castrum
               ad
               Branum
               ;
               pelagus
               à
               sinistris
               late
               spectat
               ;
               à
               dextris
               longius
               ericeta
               .
            
             
               Recipiente
               se
               in
               orientem
               littore
               ,
               Branodunum
               vetus
               ,
               hodie
               Brancaster
               ,
               ericeta
               longius
               ,
               pontem
               juxta
               despiciens
               ,
               Romani
               castri
               vallum
               exhibet
               ,
               ad
               mensuram
               à
               Caesare
               datam
               (
               Bell.
               Gall.
               lib.
               2.
               )
               
                 Castra
                 in
                 altitudinem
                 pedum
              
               12.
               
                 vallo
                 ,
                 fossaque
                 duodeviginti
                 pedum
                 munire
                 jubet
                 .
              
               ●ormam
               castri
               cum
               singulis
               suis
               dimens●on●●●s
               ,
               ut
               ●omanam
               2
               plane
               agnoscas
               apposuimus
               .
               
                 [
                 In
                 Codice
                 MS.
                 Sp●l●anni
                 spatium
                 va●uum
                 relinquitur
                 ;
                 ipsa
                 castri
                 figura
                 desideratur
                 .
                 ]
              
            
             
             
               Castri
               dimensiones
               ipsum
               ostendunt
               non
               tumultuarium
               fuisse
               ,
               aut
               in
               transitu
               factum
               ,
               sed
               legitimum
               &
               stativum
               ,
               ad
               custodiam
               insuper
               totius
               littoris
               Borealis
               contra
               Saxonum
               irruptiones
               (
               quibus
               adeo
               expositum
               fuit
               ut
               
                 Littus
                 Saxonicum
              
               appellaretur
               )
               destinatum
               .
               E●
               nomen
               a
               Bran
               seu
               
                 Brun
                 &
                 Burn
              
               fluviolo
               ,
               &
               duno
               pro
               monte
               ;
               quod
               etiam
               ,
               ut
               berig
               &
               burg
               Saxonibus
               ,
               oppidum
               alias
               significat
               .
               Bran
               vero
               &
               Brun
               confundi
               videas
               in
               Leofrici
               Anglo-Saxonis
               cognomine
               ,
               qui
               alias
               Dominus
               de
               Brane
               ,
               alias
               de
               Burne
               appellatus
               est
               ,
               pater
               scilicet
               Herewardi
               .
               Stationem
               hic
               habuit
               sub
               Comite
               Littoris
               Saxonic●
               Praepositus
               equitum
               Dalmatarum
               cum
               sua
               vexillatione
               .
            
             
               Sed
               illud
               quaero
               ,
               quorum
               tempore
               coeperit
               hoc
               
                 Litus
                 Saxonicum
              
               appellari
               ,
               ejusque
               Praefectus
               ,
               
                 Comes
                 Litoris
                 Saxoni●i
              
               .
               Ferunt
               ,
               inde
               nomen
               quod
               hic
               Comes
               litus
               tueretur
               contra
               Saxones
               .
               Qui
               autem
               hoc
               ?
               Num
               Britanniam
               infestarunt
               Saxones
               ,
               Romanis
               dominantibus
               .
               Certe
               non
               reperi
               .
               Pro
               derelicto
               autem
               habuerunt
               
                 An.
                 Dom.
              
               446.
               cum
               ab
               Aetio
               Consule
               opem
               contra
               Scotos
               &
               Pictos
               ,
               Valentiniano
               III.
               imperante
               ,
               implorantes
               non
               〈…〉
               vero
               ante
               annum
               449.
               non
               appellunt
               ,
               nec
               tum
               quidem
               a
               V●●tigerno
               haud
               accersiti
               &
               Britannis
               .
               Ante
               hoc
               igitur
               tempus
               non
               videtur
               
                 Saxonicum
                 L●tus
              
               appellari
               .
               Quid
               ergo
               in
               Imperiorum
               notitia
               tanto
               proponuntur
               fastu
               Romani
               Magistratus
               in
               Britannia
               ,
               
                 Vicarius
                 Britanniarum
                 ,
                 Dux
                 Britanniae
                 ,
                 Comes
                 Britanniae
                 ,
                 Comes
                 litor●s
                 Saxonici
                 ,
              
               &c.
               cum
               insigni
               Praefectorum
               ,
               Officialium
               ,
               &
               ministrorum
               cat●rva
               ,
               &
               apparatu
               ?
               Suspicor
               ;
               ut
               in
               Provinciale
               Ecclesiarum
               in
               Romana
               Cancellaria
               ,
               
                 Patriarchae
                 ,
                 Archiepiscopi
                 ,
                 Episcopi
                 Suffraganei
                 ,
              
               hodie
               numerantur
               sub
               infidelibus
               ;
               ut
               floruerunt
               olim
               sub
               Christianis
               .
               ●oc
               autem
               posito
               ,
               male
               convenit
               ut
               Romani
               nomine
               uterentur
               sua
               ditione
               non
               enato
               :
               Provinciale
               siquidem
               priscas
               retinuit
               appellationes
               .
               Celebre
               igitur
               monumentum
               
                 Notitiam
                 Imperii
              
               ,
               de
               cujus
               origine
               &
               antiquitate
               crebro
               contenditur
               ,
               siquido
               constat
               sub
               exitu
               Valentiniani
               III.
               concinnatum
               fuisse
               ,
               non
               exutis
               omnino
               Romanorum
               reliquiis
               ,
               sed
               turgescente
               indies
               alluvione
               Saxonum
               ;
               litus
               jam
               ideo
               nuncupari
               Saxonicum
               ,
               &
               Praefectum
               ejus
               ,
               
                 Comitem
                 Litoris
                 Saxonici
              
               ,
               qui
               sub
               Valentiniano
               I.
               superioribus
               paucis
               annis
               (
               Marcelino
               teste
               )
               
                 Comes
                 maritimi
                 tractus
              
               appellatus
               est
               .
               Haec
               ad
               ambiguum
               enucleandum
               ;
               ad
               me
               redeo
               .
            
             
               Pinguntur
               huic
               Comiti
               in
               Notitia
               pro
               insignibus
               oppida
               IX
               .
               quibus
               praesidebat
               in
               Insula
               (
               puta
               Britanniae
               )
               cum
               nominibus
               ascriptis
               :
               soil
               .
               unum
               in
               Sussexia
               ;
               5.
               in
               Cantio
               ;
               1.
               in
               Essexia
               ;
               &
               2.
               in
               Norfolcia
               ,
               Branodunum
               ,
               viz.
               &
               (
               de
               quo
               postea
               )
               Garienum
               .
               Merebant
               sub
               eo
               una
               legio
               ,
               quae
               hoc
               tempore
               1000.
               fere
               continebat
               pedites
               :
               seni
               Numeri
               forte
               1200.
               pedites
               :
               &
               2.
               ordines
               equitum
               ,
               i.
               e.
               Dalmatarum
               ,
               qui
               praesidinm
               hic
               agebant
               ;
               &
               Stablesianorum
               ,
               qui
               ad
               ostium
               Garieni
               ,
               numero
               simul
               200.
               vel
               hunc
               circiter
               .
               Sic
               tota
               ejus
               militia
               per
               9.
               oppida
               seu
               stationes
               disposita
               ,
               continebat
               plus
               minus
               2200.
               pedites
               ,
               &
               200.
               equites
               .
               Dalmatae
               vero
               hi
               dicti
               sunt
               ,
               quod
               e
               parte
               S●lavoniae
               quam
               Dalmatiam
               tunc
               appellabant
               ,
               conscriberentur
               .
               Eorum
               insignia
               praebet
               ,
               
               ut
               vides
               ,
               1
               Notitia
               :
               colores
               vero
               ex
               antiquis
               MSS.
               sic
               expressit
               Pancirollus
               .
               Praeferunt
               (
               inquit
               )
               
                 in
                 alba
                 parma
                 duplicem
                 argenteum
                 globum
                 ,
                 quorum
                 primum
                 minorem
                 sex
                 virides
                 munitiones
                 circumstant
                 ;
                 alter
              
               7.
               
                 acutas
                 cuspides
                 emittit
                 .
                 Supra
                 est
                 quadrata
                 tabella
                 ,
                 quae
                 unam
                 legem
                 duplici
                 orbi
                 Romano
                 dari
                 insinuat
                 ;
                 prominentes
                 mucrones
                 caedem
                 hostibus
                 nunciant
                 .
              
            
             
               Eruuntur
               hic
               saepe
               Romana
               numisinata
               ;
               ad
               me
               etiam
               nonnulla
               delata
               ,
               cum
               duobus
               aliquando
               vasculis
               aeneis
               seu
               capedunculis
               .
               Regiam
               autem
               villam
               ipsam
               (
               sic
               enim
               olim
               appellatam
               reperiri
               ,
               &
               regalibus
               imbutam
               hodie
               privilegiis
               )
               Coenobio
               S.
               Benedicti
               Ramesiensi
               dedit
               Vulfgiva
               Comitissa
               ,
               uxor
               Ailwini
               East-Anglorum
               Ducis
               ,
               &
               totius
               Angliae
               Aldermannus
               
               (
               id
               est
               ,
               Justitiarius
               )
               qui
               opulentissimum
               Ramesiae
               Monasterium
               fundavit
               sub
               
                 An.
                 Dom.
              
               973.
               
            
             
               
               Brani
               ostio
               septemplex
               innititur
               Burnham
               ;
               nomen
               inde
               (
               si
               Britannorum
               Bran
               ,
               cum
               Saxonum
               
                 Brun
                 ,
                 Prun
                 ,
                 &
                 Burn
              
               confunderim
               )
               etiam
               deferens
               .
               Hoc
               autem
               isti
               pro
               torrente
               dixerunt
               :
               sed
               Gunterus
               (
               Austriades
               )
               ubi
               de
               Hayl-prun
               oppido
               Imperiali
               loquitur
               ,
               hayl
               salutem
               exponit
               ;
               prun
               vero
               fontem
               :
               eoque
               sensu
               ,
               Fontem
               (
               inquit
               )
               
                 liquere
                 salutis
              
               .
               Portu
               claret
               &
               mercato
               ;
               aliquando
               etiam
               Prioratu
               .
            
             
               Obtinuerunt
               hic
               olim
               è
               Warreniorum
               dono
               splendidum
               Calthorpii
               beneficium
               ,
               dominorumque
               una
               symbolum
               auro
               &
               cyaneo
               tessellatum
               ,
               quod
               trajectu
               distinctum
               armelino
               hodie
               gestant
               in
               clypeo
               ;
               ut
               pro
               more
               veteris
               illius
               seculi
               patronum
               enuncient
               feodalem
               .
               Sic
               ut
               diximus
               Sharnburni
               Albeneiorum
               :
               &
               moris
               typum
               exhibuisse
               videtur
               apud
               1
               Giraldum
               Cambrensem
               ,
               sub
               Henrico
               I.
               Giraldus
               de
               Windesora
               ,
               Constabularius
               Penbrochiensis
               ,
               qui
               XV.
               armigeris
               arma
               Dominorum
               suorum
               cum
               feodis
               dedit
               ,
               ipsosque
               statim
               militari
               cingulo
               decoravit
               .
               Habetur
               sub
               Edw.
               III.
               in
               quatuor
               illis
               armigeris
               pugnacissimi
               Baronis
               de
               Audeley
               recentius
               testimonium
               ,
               sed
               nos
               aliud
               agimus
               .
               Transiit
               haec
               haereditas
               superiori
               seculo
               cum
               filia
               Philippi
               Calthorp
               Equitis
               ad
               Parkeros
               ,
               à
               gente
               Baronum
               de
               Morley
               propagatos
               .
            
             
               Egeruntur
               hic
               secundum
               littus
               crebri
               monticuli
               ;
               Saxonum
               &
               Danorum
               proculdubio
               sepulturae
               ,
               (
               nam
               de
               Germanis
               Tacitus
               2
               ,
               Sepulchrum
               (
               inquit
               )
               
                 cespes
                 erigit
              
               )
               an
               &
               Romanorum
               ,
               fossione
               dignoscendum
               .
               Hi
               mortui
               ,
               cineres
               in
               urna
               condidere
               ,
               aggestis
               desuper
               cespitibus
               ;
               ut
               in
               exequiis
               Mezentii
               prodit
               Virgilius
               .
               Illi
               non
               cineres
               ,
               sed
               cadaver
               integrum
               colle
               opprimebant
               .
               Tria
               vero
               exhibentur
               observanda
               .
               Primum
               ,
               tractum
               hunc
               qui
               jam
               Cer●ris
               videatur
               thalamus
               ,
               incultum
               tunc
               fuisse
               ;
               nam
               in
               arvis
               sepelire
               mortuos
               ,
               Gentium
               prohibuit
               superstitio
               ;
               ut
               apud
               Ciceronem
               legas
               in
               fine
               Libri
               3.
               de
               legibus
               .
               Secundum
               ,
               Paganorum
               &
               Gentilium
               haec
               fuisse
               monumenta
               ;
               Christiani
               enim
               more
               Judaeorum
               in
               fossa
               occultabant
               mortuos
               ,
               licet
               à
               Saxonico
               berig
               ,
               quod
               montem
               notat
               ,
               nos
               hodie
               
                 to
                 bury
              
               dicimus
               ,
               quasi
               monte
               tegere
               ,
               ut
               Latini
               etiam
               tumulare
               .
               Tertium
               ,
               Scenam
               hic
               fuisse
               Martis
               ,
               clientumque
               ejus
               caemiterium
               ,
               qui
               Branoduni
               &
               pro
               portu
               patriae
               ad
               castra
               juxta
               
                 Creake
                 &
                 Holkham
              
               contra
               Danos
               militantes
               ▪
               occubuere
               .
               In
               campis
               enim
               de
               Creake
               haud
               
               procul
               à
               Coenobio
               ,
               amplum
               erigitur
               sepimentum
               militare
               ,
               Saxonici
               operis
               ;
               à
               quo
               decurrens
               via
               regia
               ,
               blood-gate
               ,
               id
               est
               ,
               sanguinea
               via
               ,
               nuncupatur
               ;
               cruenti
               illic
               proelii
               testimonium
               .
               Habetur
               &
               his
               partibus
               Ebuli
               herbae
               copia
               ;
               
               quam
               velut
               è
               Danorum
               exortam
               sanguine
               ,
               incolae
               Dane-blood
               vocant
               .
            
             
               Habentur
               &
               per
               loca
               in
               depresso
               littore
               arenarum
               tractus
               ,
               marinos
               cohibentes
               fluctus
               ,
               
                 the
                 Meales
              
               à
               farinae
               pulverisve
               similitudine
               (
               nam
               vox
               utrumque
               
               sonat
               à
               Suevico
               &
               Germanico
               Mul
               pro
               pulvere
               )
               appellati
               .
            
             
               Quarto
               à
               mare
               lapide
               ,
               depressius
               in
               valle
               sedet
               Walsingham
               ,
               illustri
               olim
               coenobio
               in
               honorem
               beatae
               Mariae
               Virginis
               celebrata
               .
               Penetrale
               illic
               parentum
               religione
               augustissimum
               ,
               ad
               effigiem
               capellae
               Nazareth
               in
               terra
               Sancta
               ,
               ubi
               Gabriel
               Angelus
               Deiparam
               Virginem
               salutavit
               .
               Conditum
               à
               Richolde
               vidua
               nobili
               ,
               villae
               Domina
               ,
               supra
               400.
               annis
               ante
               excidium
               Monasteriorum
               cum
               in
               visione
               tertio
               ad
               hoc
               excitata
               esset
               ab
               ipsa
               diva
               ,
               exemplum
               (
               ut
               ferunt
               )
               aedificii
               demonstrante
               ,
               &
               miraculo
               postea
               fabricam
               erigente
               .
               Multos
               illic
               divinae
               potestatis
               radios
               effulfisse
               perhibent
               ;
               sanatas
               omnes
               morborum
               species
               ,
               nec
               obticent
               mortuos
               suscitatos
               .
               Hinc
               ab
               omni
               nostri
               orbis
               angulo
               celebris
               ad
               Divam
               Virginem
               Walsinghamiensem
               
                 (
                 Parathalassam
              
               vocat
               Erasmus
               )
               peregrinatio
               .
               Nec
               à
               vesana
               tantum
               plebecula
               ,
               sed
               ad
               ipsis
               regni
               atque
               Sacerdotii
               potestatibus
               .
               Obtinuit
               fama
               celebris
               ,
               me
               adhuc
               puero
               ,
               Regem
               Angliae
               Henricum
               VIII
               .
               nudis
               pedibus
               à
               Bashamia
               ad
               praesentiam
               Virginis
               perrexisse
               ;
               conceptisque
               votis
               ,
               monile
               peringentis
               precii
               obtulisse
               .
               Forte
               ut
               leniret
               
               Divam
               ,
               quam
               exciso
               cum
               coenobio
               Penetrali
               ,
               extorrem
               brevi
               relegaturus
               erat
               .
               In
               ea
               quippe
               miram
               deprehendit
               bonitatis
               indolem
               ,
               exigui
               memorem
               beneficii
               ,
               &
               ingentium
               (
               ut
               numen
               decet
               )
               obliviosam
               injuriarum
               .
               Moriens
               igitur
               huic
               legavit
               testamento
               animam
               ,
               si
               legatam
               recte
               collocaverint
               Executores
               ;
               qui
               in
               alio
               ,
               quod
               sciam
               ,
               nihilo
               implerunt
               ejus
               testamentum
               .
               Beatissimae
               virginis
               imaginem
               Chels●iae
               delatam
               flammis
               dedit
               Monasteriorum
               excisor
               Cromwellius
               ,
               Anno
               30.
               ejusdem
               Henrici
               .
               
                 Holl.
                 p.
              
               971.
               
            
             
               Relicta
               Walsinghamia
               ,
               &
               villis
               in
               confinio
               croceos
               anhelantibus
               odores
               ,
               
               Bashamiae
               sub
               illo
               tempore
               aedes
               condidit
               istius
               tractus
               illustrissimus
               Gulielmus
               Fermer
               ,
               eques
               potens
               ;
               e
               cujus
               jam
               familia
               ad
               Calthorpos
               nuptiis
               transiturae
               sunt
               .
            
             
               
               Adjacet
               Fakenham
               ,
               mercatorium
               ,
               quod
               in
               sexto
               a
               mari
               lapide
               salinam
               olim
               praebuisse
               (
               ut
               testatur
               Liber
               Angliae
               Censualis
               )
               mirum
               opinaberis
               .
            
             
               
               Illic
               ad
               Occidentem
               Rayneham
               ,
               cujus
               sub
               Edw.
               IV.
               &
               Hen.
               VII
               .
               dominus
               suit
               
                 Rogerus
                 Townesend
              
               Eques
               primo
               Regiarum
               causarum
               (
               quem
               Attornatum
               vocant
               )
               Procurator
               ,
               postmodum
               Civilium
               Placitorum
               Justitiarius
               .
               Ejus
               abnepos
               ,
               homonymus
               animae
               &
               fortunae
               dives
               facultatibus
               ,
               avitas
               sedes
               non
               tam
               novis
               aedibus
               ,
               quam
               nova
               aedificandi
               fabrica
               magnifice
               illustravit
               .
            
             
               
               Nec
               procul
               Wissingset
               ;
               quod
               Herbertus
               Bozun
               Normannus
               sub
               Gulielmo
               I.
               emeriti
               nomine
               suscipiens
               ,
               longa
               nepotum
               serie
               ,
               in
               hodiernum
               transfudit
               sobolem
               .
            
             
               
               Et
               in
               proximis
               Mileham
               ,
               si
               non
               alio
               ,
               cunis
               memorabile
               
                 Edwardi
                 Coke
              
               ,
               summi
               nuper
               Angliae
               Justitiarii
               ,
               Legum
               officinae
               conditoris
               ,
               &
               quod
               ruptis
               ilibus
               fateantur
               aemuli
               ,
               jurisprudentiae
               nostrae
               coryphaeus
               .
               Praedicabat
               miri
               quidpiam
               ejus
               genitura
               ;
               matrem
               ita
               subdito
               juxta
               focum
               intercipiens
               ,
               ut
               in
               thalamum
               cui
               suberat
               non
               moveretur
               .
               Locum
               ipsum
               ipse
               mihimet
               demonstravit
               .
            
             
               
               Late
               hic
               ad
               Hieri
               ramum
               borealem
               distendit
               alas
               nobile
               dominium
               Elmham
               ,
               quod
               usque
               patrum
               nostrorum
               memoriam
               secularem
               nunquam
               agnovit
               possessorem
               .
               Gentilium
               enim
               aevo
               Flaminis
               perhibetur
               habitatio
               ,
               conversisque
               ad
               fidem
               a
               Felice
               Sigeberto
               Rege
               &
               Anglis
               Orientalibus
               in
               Episcopi
               transiit
               patrimonium
               ,
               cujus
               sedes
               Dunwici
               fuit
               .
               Cum
               vero
               tres
               illic
               successissent
               a
               Felice
               Praesules
               ;
               graveque
               videretur
               tantam
               plebem
               unius
               credi
               moderamini
               ;
               divisa
               est
               parochia
               inter
               duos
               ,
               relictaque
               alteri
               Suffolcia
               cum
               Dunwico
               civitate
               ,
               alter
               sortitus
               est
               Norfolciam
               cum
               Elmhamia
               .
               Sederunt
               hic
               deinceps
               ante
               
                 An.
                 Dom.
              
               1088.
               viginti
               tres
               Episcopi
               ,
               a
               sede
               Elmhamenses
               nuncupati
               .
            
             
               Castellum
               praebuit
               in
               egesto
               colle
               ,
               cui
               se
               recepisse
               dicitur
               Episcopus
               Norwicensis
               ,
               cum
               excommunicationem
               ,
               quam
               Innocentius
               IX
               .
               in
               Joannem
               Regem
               promulgaverat
               ,
               edixisset
               ,
               Regemque
               merito
               accendisset
               .
               A
               castello
               per
               cuniculum
               subterraneum
               in
               Ecclesiam
               itur
               ad
               altare
               ;
               ubi
               sancti
               olim
               Episcopi
               jejuniis
               &
               assiduis
               orationibus
               incumbentes
               ,
               Deum
               clam
               mortalibus
               invocabant
               .
               Ecclesiam
               condidit
               sub
               Gulielmo
               Juniore
               Herbertus
               de
               Losinga
               ,
               primus
               Norwicensis
               Episcopus
               ;
               vel
               collapsam
               potius
               à
               fundamentis
               credideris
               excitasse
               :
               sedem
               enim
               Episcopalem
               tot
               annis
               Ecclesià
               caruisse
               ,
               nemo
               cogiter
               .
               Traditur
               hoc
               dominium
               cum
               reliquo
               Episcopatus
               patrimonio
               in
               permutationem
               ,
               ut
               praefati
               sumus
               ,
               Henrico
               Regi
               VIII
               .
               a
               
                 Richardo
                 Nix
              
               ,
               Episcopo
               caeco
               ,
               ut
               è
               laqueo
               quem
               inciderat
               semet
               liberaret
               .
               Rex
               acceptum
               D.
               Cromwello
               contulit
               funestum
               donum
               .
               Securi
               enim
               hic
               adimitur
               ,
               &
               effuso
               postea
               integro
               patrimonio
               ,
               pronepos
               ejus
               D.
               Coko
               ipsum
               venundavit
               ,
               aerumnarum
               satis
               exin
               conscio
               .
            
             
               
               Ad
               australem
               Hieri
               ramum
               Gressenhall
               assidet
               ,
               nobilis
               olim
               Fstotevillorum
               habitatio
               ,
               &
               clientes
               multos
               in
               obsequium
               habens
               militare
               per
               Foliotos
               ad
               Tho.
               Hastings
               ,
               Baronis
               de
               Abergavenni
               fratrem
               ,
               transiit
               .
               Ejus
               ortus
               à
               nepotibus
               
                 Edwardus
                 Hastinge
              
               (
               cum
               in
               hastiludio
               occisus
               esset
               
                 An.
                 Dom.
                 .....
                 Laurentius
                 Hastings
              
               Comes
               Pembrochiae
               )
               titulum
               Baronis
               de
               Hasting
               ,
               &
               sine
               
               discerniculo
               insignia
               ,
               coccineam
               scil
               .
               manicam
               in
               clypeo
               aureo
               ,
               sibimet
               assumpsit
               .
               Gravissimas
               ideo
               lites
               cum
               de
               
                 Grey
                 Ruthino
              
               Barone
               legitimo
               è
               foemina
               haerede
               ,
               tum
               in
               Curiis
               Civilibus
               tum
               in
               militari
               ,
               per
               annos
               plurimos
               incredibili
               tuebatur
               pervicacia
               :
               nec
               victus
               demum
               &
               incarceratus
               succubuit
               ,
               nec
               moriturus
               .
               Desiit
               vero
               ejus
               familia
               in
               
                 Hugone
                 Hasting
              
               ;
               haereditate
               ad
               
                 Extraneos
                 &
                 Brownos
              
               per
               filias
               transeunte
               .
            
             
               Nec
               silentio
               praetereundae
               
                 Cley
                 &
                 Blackney
              
               ,
               portus
               non
               inhospitales
               ,
               adversis
               Euripi
               incumbentes
               faucibus
               :
               eo
               autem
               prior
               clarior
               ,
               quod
               nautae
               ejus
               1
               
                 An.
                 Dom.
              
               1406.
               filium
               &
               haeredem
               Regis
               Scotorum
               ,
               foederis
               causa
               ad
               Galliae
               Regem
               navigantem
               ,
               interceperunt
               &
               Henrico
               IV.
               Regi
               Angliae
               munus
               aptatis●imum
               exhibuerunt
               .
            
             
               
               Jam
               in
               Boream
               reclinantibus
               ,
               ad
               initium
               Buri
               fluminis
               habetur
               Melton
               ,
               Constabulariorum
               aliquando
               sedes
               ,
               &
               ex
               nuptiis
               ad
               Astleios
               veniere
               .....
               edidit
               qui
               in
               illustri
               sub
               Henrico
               VI.
               duello
               .....
               Gallum
               in
               Gallia
               coram
               Gallis
               vicit
               ,
               laborantemque
               famam
               suam
               emancipavit
               .
            
             
               
               Burus
               tenui
               hinc
               procurrens
               filo
               ,
               à
               dextra
               Heydon
               linquit
               ,
               aliquando
               mercatorium
               .
            
             
               
               Et
               Sall
               ,
               ubi
               elegans
               Ecclesia
               ,
               à
               Brusio
               (
               qua
               ex
               insculptis
               insignibus
               conjectare
               licet
               )
               villae
               domino
               &
               patrono
               ,
               circa
               aetatem
               Henrici
               VI.
               condita
               .
               Cancella
               vero
               aeque
               elegans
               à
               quodam
               Gulielmo
               Wode
               ,
               Rectore
               Ecclesiae
               &
               Decretorum
               Baccala●reo
               à
               fundamentis
               struitur
               
                 An.
                 Dom.
              
               1440.
               
               A
               Brusiis
               vero
               ad
               Townsendos
               ,
               &c.
               —
            
             
               
               Tria
               hic
               vicina
               mercatoria
               ;
               Repham
               ,
               tribus
               splendidis
               in
               uno
               coemiterio
               Ecclesiis
               splendidum
               ;
               sed
               una
               jam
               diruta
               :
               Caston
               ,
               ubi
               manus
               aenea
               (
               rationem
               non
               teneo
               )
               praefertur
               Dominii
               Senescallo
               :
               &
               qua
               Burus
               ponte
               jungitur
               ▪
               Ailesham
               ,
               quod
               Ducatus
               Lancastriae
               apud
               nos
               praetorium
               est
               .
               Mirum
               hic
               in
               jure
               nostro
               ;
               Manerium
               à
               manerio
               ,
               &
               per
               virgam
               teneri
               ad
               voluntatem
               domini
               ,
               &
               per
               copiam
               rotulorum
               Curiae
               concedi
               ;
               Manerium
               scilicet
               de
               Sextons
               de
               manerio
               de
               Ailesham
               .
               Loquor
               in
               forensi
               dialecto
               :
               sed
               qui
               nescierit
               ipsa
               feoda
               militaria
               tenta
               olim
               fuisse
               &
               per
               virgam
               &
               ad
               voluntatem
               domini
               ,
               legat
               si
               placeat
               quae
               de
               feodis
               in
               nostro
               Archaeologo
               disseruimus
               .
            
             
               
               A
               laeva
               Blickling
               ,
               Bolannorum
               aliquando
               sedes
               ,
               è
               quibus
               orti
               sunt
               
                 Thomas
                 Bolen
              
               ,
               Comes
               Wiltsh●riae
               ,
               &
               
                 Anna
                 Bolen
              
               uxor
               Regis
               Henrici
               VIII
               .
               optimae
               Principis
               Divae
               Elizabethae
               mater
               ,
               natalitium
               hic
               sortita
               .
               Cadente
               in
               fatum
               
                 Jacobo
                 Bolen
              
               avunculo
               Reginae
               Elizabethae
               ,
               Blicklinga
               ex
               nuptiis
               ejus
               filiae
               &
               haeredis
               ,
               ad
               Joannem
               Clere
               pervenit
               :
               cujus
               e
               filio
               nepos
               Edwardus
               ,
               Ordinis
               S.
               Michaelis
               eques
               ,
               eam
               vendidit
               Henrico
               Hobart
               I
               quiti
               ,
               summo
               plebei
               Tribunalis
               Justitiario
               ;
               qui
               aedes
               veteres
               insigni
               auctas
               impendio
               ,
               familiae
               suae
               stationem
               posuit
               nobilissimam
               .
            
             
               
               Ab
               austro
               ,
               non
               praeteream
               Wichingham
               ,
               clarum
               olim
               Wichinghamiorum
               familia
               ;
               è
               qua
               sub
               Edw.
               III.
               floruit
               clarissimus
               nominis
               illius
               Jurisconsultus
               ;
               &
               Bretonum
               ,
               non
               minus
               insigne
               celeberrimo
               illo
               Episcopo
               Herefordensi
               ,
               qui
               sub
               Edw.
               I.
               Pandectum
               Juris
               nostri
               Regii
               concinnavit
               ;
               quam
               facinore
               Joannis
               Breton
               sub
               Henrico
               III.
               vulgatissimo
               .
               Godofredus
               de
               Millers
               ,
               Eques
               genere
               &
               militia
               clarus
               ,
               concubitum
               ambit
               filiae
               Joannis
               Breton
               .
               Illa
               ,
               patre
               consulto
               ,
               noctem
               pangit
               ,
               qua
               cubiculum
               Virginis
               eques
               clanculum
               subrepit
               ;
               Captus
               vero
               ex
               insidiis
               gravissime
               primum
               vulneratur
               ,
               deinde
               flagris
               caesus
               acerbissime
               per
               distentos
               ad
               trabem
               pedes
               tollitur
               ,
               mortemque
               ardentius
               imprecanti
               abscisis
               membris
               virilibus
               ,
               mutilatus
               est
               .
               2
               Accidit
               &
               eodem
               tempore
               dapsili
               c●idam
               Clerico
               simile
               infortunium
               ;
               sed
               commotus
               hisce
               Rex
               praeconia
               per
               provincias
               edixit
               voce
               ,
               ne
               quis
               praesumat
               ,
               nisi
               pro
               conjuge
               ,
               adulterum
               membris
               mutilare
               genitalibus
               .
            
             
               Trans
               Burum
               in
               conspectu
               Blicklingae
               ,
               pare
               velut
               distantia
               ,
               habentur
               Calthorp
               ,
               dictum
               à
               frigore
               ;
               &
               Erpingham
               ;
               viculae
               tenues
               &
               jam
               obscurae
               ,
               sed
               felix
               utraque
               è
               celebris
               &
               antiquae
               familiae
               natalitiis
               .
               Illa
               Calthorpiorum
               ,
               propaginem
               
               late
               distendentium
               ;
               haec
               Epingamiorum
               fortiter
               dimicantium
               :
               è
               quibus
               unus
               fuit
               e
               XV.
               viris
               qui
               Henricum
               Ducem
               Lancastriae
               ab
               exilio
               ad
               regni
               molimina
               redeuntem
               ,
               comitatus
               est
               :
               &
               qui
               Henrico
               V.
               in
               Agencortensi
               proelio
               fortissime
               dimicaturus
               ,
               rudem
               ejecit
               ,
               ineundae
               pugnae
               tesseram
               auspicatissimam
               .
            
             
               
               Hic
               à
               latere
               Baningham
               ,
               ubi
               Rex
               Henricus
               I.
               5.
               
                 marcatus
                 terrae
                 dedi●
                 Gerardo
                 Tasard
                 tenendum
                 de
                 eo
                 per
                 Serjantiam
                 balastriae
              
               (
               ut
               inquiunt
               schedae
               )
               i.
               e.
               arcubalistae
               .
            
             
               
               Reflector
               paululum
               in
               occasum
               ad
               Berningham
               ,
               à
               Berninghamis
               per
               Hethersetos
               ad
               Pagravos
               ducta
               :
               e
               quibus
               Johannes
               Pagrave
               Jurisconsultus
               aedificium
               recoluit
               &
               filio
               dimisit
               .
            
             
               
               Et
               Baconsthorp
               ,
               ubi
               à
               Johanne
               Heidon
               Jurisconsulto
               sub
               Henrico
               VI.
               potenter
               excrescens
               Heidonorum
               familia
               ,
               jam
               in
               deliquium
               regressa
               est
               .
            
             
               
               Adjacet
               Gresham
               ,
               nomen
               faciens
               ditissima
               exinde
               prosapiae
               ;
               quod
               
                 Thomas
                 Gresham
              
               ,
               Praetor
               Londinensis
               ,
               &
               Regalis
               (
               ut
               vocant
               )
               excambii
               conditor
               ,
               florere
               incoepit
               .
            
             
               
               Hinc
               in
               boream
               mari
               vicinior
               habetur
               Felbrig
               ;
               nomen
               &
               sedem
               praestans
               vetustae
               &
               effaetae
               familiae
               Felbriggorum
               ;
               è
               qua
               D.
               Simon
               de
               Felbrig
               ,
               Eques
               inter
               nostrates
               celeberrimus
               connubio
               potitur
               Margaretae
               ,
               filiae
               Ducis
               Thasae
               ,
               Regis
               Bohemiae
               nepotis
               ,
               è
               qua
               Alanam
               filiam
               &
               haeredem
               suscitavit
               ,
               nuptam
               Gulielmo
               Tyndall
               ,
               patri
               Thomae
               Tyndall
               ,
               qui
               genuit
               Gulielmum
               Tyndall
               ,
               ad
               creationem
               Arthuri
               Principis
               Walliae
               balteo
               cinctum
               militari
               ,
               &
               jure
               Margaretae
               proaviae
               suae
               ,
               haeredem
               regni
               Bohemiae
               denuntiatum
               .
               Sic
               Heraldorum
               nostrorum
               fasti
               ;
               sic
               me
               puero
               fama
               celebris
               .
            
             
               
               Jam
               ad
               litus
               reversus
               ,
               Cromer
               mercatorium
               Neptuno
               contritum
               inimico
               praetereo
               ;
               Gimminghamiam
               accedens
               ,
               Ducatus
               apud
               nos
               Lancastriae
               sedem
               primariam
               .
               Ingens
               illic
               aula
               columnis
               distincta
               ,
               quarum
               ea
               olim
               ratio
               fuit
               ,
               ut
               supra
               columnam
               suae
               conditioni
               designatam
               nemo
               ascenderet
               .
               Retinetur
               &
               prisci
               moris
               consuetudo
               :
               a
               colonis
               manerii
               quos
               Socmannos
               olim
               ,
               hodie
               
                 Ten●ntes
                 in
                 Soccagio
              
               vocamus
               ,
               non
               tam
               censum
               pecuniarium
               quam
               opera
               rustica
               ,
               &
               ad
               victum
               vestitumque
               pertinentia
               repetere
               .
               Moris
               ut
               Romanis
               insoliti
               ,
               Tacitus
               meminit
               Cisalpinis
               omnibus
               in
               usu
               .
               Nobis
               vero
               mutavit
               primus
               Rex
               Henricus
               II.
               
            
             
               
               Nec
               procul
               in
               crepidine
               Promontorii
               Bronholmensis
               ,
               Coenobiolum
               aliquando
               S.
               Sepulchri
               ,
               à
               G.
               Glanvilla
               censu
               pauperi
               constitutum
               ;
               sed
               ex
               cruce
               quae
               illic
               colebatur
               ,
               auctius
               indies
               &
               per
               quam
               celebre
               .
               Liceat
               dicere
               de
               hàc
               ,
               quid
               proditum
               .
               Factam
               sine
               dubio
               (
               ut
               asseritur
               )
               de
               ipsa
               cruce
               in
               qua
               pependit
               Dominus
               noster
               ;
               ad
               longitudinem
               pene
               humanae
               manus
               ,
               cum
               duplici
               ligno
               per
               transversum
               .
               Ferri
               solitam
               inter
               alias
               Reliquias
               à
               Patriarcha
               &
               Episcopis
               ante
               Baldewinum
               Imperatorem
               Constantinopolitanum
               (
               Flandriae
               prius
               Comitem
               )
               in
               aciem
               progressurum
               contra
               Crucis
               inimicos
               ;
               neglectaque
               fortuito
               semel
               aliquando
               ,
               caesum
               cum
               exercitu
               Imperatorem
               .
               Erat
               tunc
               Constantinopoli
               ,
               Capellanus
               quidam
               Anglicus
               Divina
               inter
               alios
               celebrans
               in
               Capella
               Imperatoria
               ,
               &
               reliquiarum
               agens
               custodiam
               ;
               qui
               cum
               omnia
               desperata
               videret
               &
               perturbata
               ,
               reliquias
               &
               pretiosa
               multa
               clam
               surripiens
               ,
               Angliam
               venit
               ;
               &
               quaedam
               Monacho
               S.
               Albani
               vendidit
               ,
               quae
               Parisius
               1
               fatetur
               ,
               magna
               illic
               fuisse
               veneratione
               cum
               haec
               ipse
               scriberet
               ,
               id
               est
               ,
               
                 An.
                 Dom.
              
               1223.
               
               Crucem
               vero
               nullis
               cederet
               Capellanus
               ;
               qui
               &
               ipsum
               &
               duos
               filios
               suos
               parvulos
               in
               ordinem
               non
               susciperent
               Monachatus
               .
               Repudiata
               conditione
               à
               divitibus
               multis
               Monasteriis
               ,
               ut
               fraudem
               suspicantibus
               ;
               ad
               Bronholmiae
               devenit
               Prioratum
               ,
               aedificiis
               &
               inopia
               jam
               tum
               laborantem
               .
               Pacta
               vero
               illic
               conditione
               Prior
               &
               Fratres
               suscipiunt
               Crucem
               ,
               &
               in
               honestissimo
               Oratorii
               sui
               loco
               magna
               cum
               reverentia
               &
               laetitia
               collocant
               .
               Subsequitur
               mox
               miraculorum
               ingens
               fama
               ,
               &
               non
               solum
               ex
               tota
               Anglia
               sed
               è
               longinquis
               regionibus
               huc
               
               concurritur
               .
               Coenobitis
               interea
               luculentus
               quaestus
               .
               Hujus
               meminit
               sub
               exitu
               quarti
               abhinc
               seculi
               1
               
                 Galfridus
                 Chaucer
              
               in
               
                 Praepositi
                 lasciva
                 Fabula
              
               :
               
                 
                   And
                   with
                   the
                   falle
                   out
                   of
                   her
                   sleep
                   she
                   braide
                   ,
                
                 
                   Help
                   holy
                   Cross
                   of
                   Bromholme
                   she
                   said
                   .
                
              
            
             
               
               Hic
               in
               littore
               una
               sedent
               
                 Paston
                 &
                 Pastoni
              
               ,
               Villa
               tenuis
               ,
               gens
               ditissima
               .
            
             
               Legendo
               à
               Pastona
               littus
               occurrit
               Waxham
               ,
               sedes
               Woodhousiorum
               familiae
               ,
               ortu
               &
               insignibus
               ab
               illa
               Kimberleae
               discrepantis
               ;
               sed
               clarae
               pariter
               .
               Hic
               Gulielmus
               Woodhouse
               Eques
               ,
               Jacobo
               Regi
               nuper
               in
               facetiis
               ,
               &
               familiae
               corruentis
               suscitator
               ,
               primum
               apud
               nos
               instituit
               decipulum
               Anatarium
               ,
               peregrino
               nomine
               a
               ●oye
               ,
               i.
               e.
               cors
               ,
               seu
               cavea
               nuncupatum
               .
               Stagnum
               siquidem
               valde
               latum
               est
               ,
               sed
               parte
               una
               arundinibus
               septa
               ,
               in
               angustiam
               porrectum
               .
               In
               hac
               angustia
               ,
               nutriuntur
               indies
               anates
               aliquot
               proditionis
               causa
               mansuefactae
               ,
               quae
               totam
               regionem
               circumvolantes
               ,
               sui
               generis
               volatilia
               redeuntes
               ducunt
               catervatim
               in
               stagni
               latitudinem
               .
               Apparente
               jam
               tum
               caute
               in
               extremitate
               latitudinis
               stagni
               cane
               subdolo
               ad
               hoc
               edocto
               ,
               secedunt
               volatilia
               remotius
               angustiam
               versus
               ,
               prementeque
               adhuc
               cane
               ,
               sed
               à
               longe
               ,
               &
               in
               aquam
               alias
               semet
               immergendo
               alias
               furtim
               efferendo
               ,
               capescunt
               tandem
               ipsam
               angustiam
               .
               Palam
               nunc
               exultat
               canis
               ;
               eoque
               viso
               ,
               sidunt
               aves
               proditoriae
               ,
               &
               dum
               in
               alas
               se
               conjiciunt
               advenae
               ,
               retibus
               obruuntur
               anatarii
               .
            
             
               Praedantur
               anno
               uno
               in
               hujusmodi
               decipulo
               ,
               tot
               quot
               vaeniant
               aves
               mille
               coronatis
               Gallicis
               ,
               &
               (
               ut
               audivimus
               )
               multo
               supra
               ;
               in
               vicinorum
               grave
               admodum
               praejudicium
               ,
               qui
               hoc
               modo
               &
               aucupii
               coërcentur
               voluptate
               &
               mensarum
               pristino
               supplemento
               .
               Germanis
               igitur
               superioribus
               capitale
               perhibetur
               ,
               hoc
               erigere
               .
            
             
               Ad
               meridiem
               
                 Walsham
                 ,
                 &
                 Worsted
              
               .
            
             
               
               Buri
               in
               margine
               ,
               Cowshil
               est
               ,
               cui
               inter
               privilegia
               indulsit
               Henricus
               III.
               ut
               servus
               qui
               hic
               per
               annum
               manserit
               ,
               exiret
               liber
               .
            
             
               
               In
               adversa
               ripa
               Frekenham-hill
               ,
               ubi
               Turnus
               Vice-Comitis
               toti
               annuatim
               indicitur
               Comitatui
               .
            
             
               
               Vicinum
               Crostwick
               obtinet
               .
               Crassorum
               sedes
               ,
               vulgo
               
                 le
                 Grosse
              
               ,
               equestris
               sub
               Henrico
               III.
               familiae
               .
            
             
               
               Nec
               longe
               Sprowston
               ,
               aedificiis
               à
               Joanne
               Corbet
               Jurisconsulto
               (
               Norwicensibus
               oriundo
               )
               adornatum
               ,
               praediisque
               auctum
               à
               Milone
               Equite
               aurato
               ,
               filio
               ejus
               :
               jam
               cum
               Milonis
               pronepote
               in
               tutela
               Regis
               est
               .
            
             
               Redeo
               ad
               Burum
               ,
               qui
               depressas
               saepe
               planicies
               superfluens
               ,
               nobiles
               multas
               edidit
               piscaturas
               ,
               &
               Percarum
               genus
               celeberrimum
               .
               Memorabile
               est
               quod
               
               ab
               accolis
               accepi
               :
               Ranworthae
               aliquando
               120.
               modios
               piscium
               ,
               duobus
               circumclusorum
               retibus
               ,
               depraedari
               .
            
             
               
               E
               regione
               sedet
               Ludham
               ,
               ubi
               aedes
               non
               Episcopales
               ,
               sed
               Episcopi
               Norwicensis
               in
               rure
               unicae
               .
               Officinam
               fuisse
               dicuntur
               agriculturae
               Abbatis
               S.
               Benedicti
               de
               Hulmo
               ,
               vulgo
               Grangiam
               .
            
             
               Subest
               in
               palude
               tremula
               ruderum
               ejusdem
               Abbatiae
               moles
               ingens
               ,
               quae
               ex
               insculptis
               insignibus
               sculpturam
               prodit
               recentiorem
               .
               Fundavit
               tamen
               eam
               Rex
               Canutus
               in
               honorem
               S.
               Benedicti
               ,
               cujus
               ut
               apud
               Anglos
               ordo
               vetustissimus
               ,
               
               ita
               &
               regula
               gratissima
               &
               frequentissima
               .
               Tanta
               eam
               admiratione
               amplexus
               est
               fortissimus
               Monachatus
               propugnator
               Rex
               Eadgarus
               ,
               ut
               cum
               Monasterio
               S.
               Aethelredae
               Eliensis
               ,
               2
               quod
               instaurabat
               Wintoniae
               Episcopus
               Ethelwoldus
               ,
               40.
               hydas
               terrae
               apud
               Hatfeld
               elargitus
               esset
               ;
               nobile
               manerium
               de
               Sudburne
               addidit
               in
               Coronidem
               ,
               sub
               conditione
               quod
               Ethelwoldus
               regulam
               S.
               Benedicti
               de
               Latino
               in
               Anglicum
               transmutaret
               .
            
             
               
               Festinans
               jam
               Burus
               ad
               Hueri
               confluvium
               ,
               Acleam
               à
               dextris
               praeterlabitur
               ,
               quam
               Ead●othus
               filius
               Goderici
               Abbatiae
               S.
               Benedicti
               Ramesiensis
               dedit
               .
            
             
             
               
               A
               sinistris
               Flegg
               peninsula
               frumento
               dives
               &
               ubertate
               soli
               ,
               primam
               excepisse
               videtur
               Danorum
               coloniam
               ;
               tum
               quod
               portui
               cui
               appulerunt
               ,
               sit
               vicinior
               ,
               natur●●que
               munita
               beneficio
               ;
               tum
               quod
               exiguo
               suo
               ambitu
               13.
               villas
               comprehendit
               in
               by
               desinentes
               ,
               voce
               Danica
               &
               villam
               seu
               habitationem
               significante
               .
               Hinc
               nos
               hodie
               a
               B●-law
               dicimus
               ,
               quod
               villa
               quaepiam
               sibi
               constituerit
               ;
               seriptorib●●
               Dani●●s
               Bi-laginem
               ,
               a
               by
               pro
               villa
               ,
               &
               lage
               ,
               quo
               nos
               (
               ut
               solemus
               ▪
               g
               in
               ●
               mutamus
               ,
               pro
               lege
               .
            
             
               Yarmouth
               nee
               verum
               Garianonum
               ,
               nec
               à
               vero
               alienum
               est
               .
               Sedes
               enim
               utrique
               ad
               ost●um
               fluvii
               Garienis
               ,
               qui
               &
               utrique
               nomen
               indidit
               .
               Huic
               vero
               à
               canali
               vetere
               ,
               illi
               a
               recentiore
               .
               Ambo
               autem
               in
               illo
               littoris
               spatio
               ,
               quo
               
                 An.
                 Dom.
              
               1
               495.
               
               Cerdicus
               Saxo
               cum
               Cinrico
               filio
               ejus
               &
               5.
               navibus
               portum
               ingrediens
               ,
               Britannos
               profligavit
               obvios
               ,
               portuique
               nomen
               ,
               Cerdicis
               oram
               ,
               ut
               Aethelwerdus
               refert
               ,
               dereliquit
               .
               Sub
               quarto
               inde
               lustro
               ,
               Stuff
               &
               Wuthger
               pariter
               saevientes
               ,
               hanc
               diripiunt
               regionis
               partem
               .
            
             
               Ambo
               autem
               in
               illo
               littoris
               spatio
               ,
               quo
               sub
               Comite
               littoris
               Saxonici
               praesidium
               agebant
               Stablesiani
               equites
               ;
               qui
               proprie
               suberant
               Magistro
               equitum
               in
               occidente
               Duces
               limitanei
               
                 (
                 Panc.
                 p.
              
               86.
               b.
               )
               Sed
               ut
               alii
               Magistrorum
               milites
               ,
               alus
               Ducibus
               &
               Comitibus
               limitaneis
               merebantur
               :
               sic
               hi
               sub
               nostro
               .
               Erant
               vero
               sub
               hujus
               nomine
               vexillationes
               aliae
               plures
               ,
               ut
               Stablesiani
               primi
               ,
               secundi
               ,
               tertii
               ,
               
                 Africani
                 ,
                 Italicani
              
               ,
               &c.
               sed
               an
               ab
               aliquo
               eorum
               nostri
               deferendi
               sint
               ,
               an
               per
               se
               Britannicani
               appellandi
               ,
               aliis
               linquo
               .
               Dicti
               omnes
               à
               loco
               unde
               orti
               sunt
               :
               &
               forte
               legendum
               putat
               Pancirollus
               p.
               87.
               a.
               Stabaliani
               ;
               qui
               fuere
               Galliae
               
               populi
               .
               Stablesianorum
               symbolum
               nescio
               an
               omnium
               ,
               vel
               corum
               tantum
               ,
               qui
               in
               Occidente
               sub
               Magistro
               Equitum
               militabantur
               ,
               sic
               in
               Notitia
               Impp.
               describitur
               ,
               &
               à
               Pancirollo
               qui
               in
               MSS.
               depictum
               vidit
               ,
               enarratur
               ,
               fol.
               135.
               
            
             
               E
               veteris
               Garianoni
               exequiis
               succrevit
               novum
               ,
               &
               ut
               maritum
               uxor
               fluvium
               sequitur
               exulantem
               .
               Longo
               tamen
               ut
               videtur
               intervallo
               .
               In
               appulsu
               enim
               Saxonum
               nulla
               hujus
               vel
               alterius
               mentio
               :
               sed
               in
               ipsa
               ora
               velut
               nuda
               &
               anonyma
               Cerdericus
               conscendisse
               fertur
               ;
               nomenque
               inde
               ,
               ut
               Aethelwerdus
               meminit
               ,
               Cerdericshore
               imposuisse
               .
            
             
               Ut
               Venetiae
               in
               arenis
               maris
               Adriatici
               sedem
               sibi
               è
               ruinis
               Aquilegii
               eluctatae
               sunt
               ;
               sic
               nova
               haec
               Jermutha
               nostra
               è
               deliquio
               vetustioris
               originem
               sumpsit
               &
               incrementum
               .
               Sita
               est
               enim
               in
               lacinia
               terrae
               ,
               quae
               olim
               arenarum
               moles
               suit
               ;
               ab
               Oriente
               ,
               salso
               mari
               ;
               ab
               Occidente
               ,
               fluvio
               salso
               (
               vel
               ut
               Isthmus
               )
               latitudine
               interclusa
               ;
               longitudine
               ,
               2000.
               passus
               non
               excedens
               .
               Quod
               miraberis
               tamen
               ,
               aquis
               abique
               dulcibus
               exuperans
               .
               Mare
               exhibet
               Xerxianae
               classi
               satis
               fidam
               stationem
               ,
               fluvius
               portum
               tutum
               proebet
               ,
               qui
               600.
               naves
               aequore
               suscipiat
               languescenti
               .
               Ora
               igitur
               Cerdici
               olim
               ,
               &
               Saxonibus
               excip●endis
               commodissime
               exposita
               .
               Arenam
               obruisse
               fluvius
               dicitur
               usque
               ad
               Canuti
               Regis
               tempora
               ,
               Annum
               circiter
               1008.
               
               Cedente
               vero
               tunc
               mari
               ,
               &
               arenis
               indies
               latius
               atque
               firmius
               semet
               efferentibus
               ;
               conveniunt
               illic
               sub
               Edouardo
               Confessore
               &
               ingressu
               Normannorum
               ,
               non
               tantum
               Norwicenses
               &
               vicini
               plurimi
               de
               Norfolcia
               Suffolciaque
               ;
               sed
               Portuenses
               ipsi
               qui
               hoe
               aevo
               soli
               habebantur
               Angliae
               piscatores
               ,
               Galli
               ,
               Belgae
               ,
               aliique
               peregrini
               artem
               exercentes
               piscatoriam
               .
               Halecum
               enim
               nobilissima
               hic
               Europae
               piscatura
               &
               Septembris
               exitu
               (
               quem
               cum
               Danis
               igitur
               Fish-month
               appellemus
               )
               per
               totos
               plerumque
               40.
               dies
               ,
               quod
               immunium
               illic
               hodie
               nundinarum
               spatium
               est
               ;
               primumque
               papiliones
               &
               tuguria
               contra
               Jovem
               inimicum
               ,
               sed
               ex
               licentia
               Regum
               ,
               honestiora
               statim
               domicilia
               &
               ad
               fastum
               protinus
               exaedisicant
               .
               Tempore
               Gulielmi
               Rufi
               ,
               Gulielmus
               Herbert
               Norwicensis
               Episcopus
               ,
               (
               de
               Losinga
               ,
               id
               est
               ,
               mendax
               cognominatus
               )
               Capellam
               in
               hac
               arena
               condidit
               pro
               salute
               animarum
               illic
               appellentium
               :
               &
               post
               paucos
               annos
               ,
               non
               longe
               à
               
               Capella
               ,
               Ecclesiam
               perillustrem
               S.
               Nicolao
               dicatam
               ,
               piscatorum
               vero
               ditata●
               oblationibus
               &
               dotatam
               .
               Hinc
               statio
               illa
               ,
               Roda
               ,
               (
               i.
               e.
               statio
               )
               
                 S.
                 Nicolai
              
               appellatur
               .
               Novae
               jam
               villae
               Rex
               Henricus
               I.
               anno
               regnis
               sui
               9.
               
               Magistratum
               imponit
               ,
               Regia
               functum
               authoritate
               ,
               quem
               (
               de
               more
               Normannorum
               )
               
                 le
                 Provost
              
               ,
               i.
               e.
               Praepositum
               appellabant
               .
               Et
               cum
               hoc
               sub
               regimine
               ,
               centenos
               floruisset
               annos
               ,
               Joannes
               Rex
               18.
               
               Mar.
               regni
               sui
               9.
               villam
               in
               Burgum
               ,
               homines
               in
               Burgenses
               constituit
               ,
               de
               Jermuth
               nuncupandos
               :
               &
               Burgum
               ipsum
               Burgensibus
               dunisit
               ad
               firmam
               (
               ut
               loquuntur
               )
               feodi
               in
               perpetuum
               .
               Ex
               concessione
               Henrici
               III.
               se
               muro
               claudunt
               &
               fossato
               ,
               100.
               jugera
               continentibus
               ,
               
                 A.
                 D.
              
               1230.
               &
               in
               An.
               1240.
               gubernatur
               Burgus
               per
               Balivos
               suos
               .
            
             
               Edouardus
               I.
               &
               II.
               aquam
               illic
               nomine
               honestarunt
               
                 Portus
                 Jermuth
                 ,
                 Tronumque
              
               &
               sigillum
               dictum
               Coquet
               pro
               oneratione
               &
               exoneratione
               navium
               instituerunt
               .
               Edouardus
               III.
               (
               qui
               hinc
               maris
               cognoscatur
               Dominus
               )
               Burgo
               locum
               in
               alto
               mari
               distantem
               7.
               
               Leucas
               ,
               vocatumque
               
                 Kirkeley
                 Roade
              
               univit
               in
               perpetuum
               ;
               opibusque
               &
               potentia
               sic
               tunc
               Jermutha
               floruit
               ,
               ut
               
                 An.
                 Dom.
              
               1350.
               dicti
               regni
               25.
               ad
               Caleti
               obsidionem
               43.
               emisit
               naves
               &
               1075.
               nautas
               ;
               quod
               à
               nullo
               portu
               Angliae
               factum
               est
               si
               Fowensem
               excipias
               ,
               qui
               licet
               quatuor
               naves
               plures
               exhibuit
               ,
               nautas
               tamen
               305.
               pauciores
               ;
               Londinum
               ipsi
               25.
               tantum
               naves
               &
               419.
               [
               nautas
               ]
               exhibente
               .
               Frequentia
               populi
               ex
               hoc
               dignoscitur
               ,
               quod
               paulo
               ante
               in
               uno
               anno
               1341.
               7000.
               peste
               rapiuntur
               ;
               cum
               sub
               initio
               Jacobi
               Regis
               5000.
               tantum
               illic
               aestimarentur
               .
               Possidet
               quod
               sciam
               nullas
               hodie
               hoc
               (
               ut
               alia
               )
               municipium
               possessiones
               ;
               sed
               instar
               filiorum
               Aeoli
               atque
               Thetidis
               (
               ut
               in
               Inquisitione
               10.
               
               Henr.
               III.
               compertum
               est
               )
               maria
               &
               4.
               ventos
               .
               Repetit
               quod
               deseruit
               mare
               ;
               &
               cum
               aliquando
               Isthmus
               ,
               quo
               situm
               est
               oppidum
               ,
               ad
               sextum
               protenderetur
               lapidem
               ,
               hodie
               in
               secundo
               terminatur
               ;
               &
               ne
               vicinius
               proruat
               ingenti
               cohibetur
               .....
               quae
               singulis
               annis
               ,
               560l.
               
                 [
                 f.
              
               resarcitur
               .
               ]
            
             
               Retia
               illic
               Piscatoria
               Londinum
               à
               Jermutha
               ,
               
                 i.
                 e.
              
               100.
               mill
               .
               porriguntur
               ;
               quod
               cum
               in
               Parliamento
               35.
               
               Elizabethae
               palam
               audissem
               affirmatum
               ,
               &
               ut
               certiar
               fierem
               ,
               sciolum
               convenissem
               ;
               respondit
               ,
               Compertum
               fuisse
               ,
               suffectura
               ea
               ad
               totum
               spatium
               inter
               
                 Jermutham
                 &
                 Belgiam
              
               occupandum
               ,
               dum
               ab
               una
               navi
               ad
               alteram
               (
               piscatorum
               more
               )
               jungerentur
               .
               Mirabiles
               quidem
               in
               nostris
               auribus
               ;
               sed
               aestimata
               alias
               legimus
               ad
               50000.
               libras
               Anglicanas
               .
            
             
               Veterem
               Garrianoni
               sedem
               oblivioni
               tradidit
               alveum
               destituens
               fluvius
               ,
               sedisque
               &
               fluvii
               incerta
               vestigia
               .
               Videntur
               eam
               duo
               vendicare
               ;
               Burgh-castle
               in
               agro
               Suffolciano
               ,
               quod
               meridionali
               fluvii
               lateri
               hodie
               incumbit
               ;
               &
               à
               Boreali
               4.
               distans
               mille
               passus
               Castor
               villula
               .
               Romanam
               ostendunt
               ambo
               speciem
               ;
               illud
               quadrilateram
               oblongam
               castrametationem
               muro
               coronatam
               ,
               sed
               remotiorem
               à
               mari
               &
               loco
               paludibus
               &
               angustiis
               ita
               impedito
               ,
               ut
               equestribus
               male
               conveniat
               turmis
               ;
               haec
               in
               ipso
               litore
               ,
               muri
               etiam
               &
               muniminis
               rudera
               prodens
               ,
               campestri
               loco
               equitumque
               discursioni
               litoris
               praesidio
               quod
               huic
               Comiti
               ,
               huic
               Equitatui
               demandatum
               fuit
               ,
               commodissimo
               .
               Interiora
               enim
               &
               Mediterranea
               Comes
               alius
               tuebatur
               ,
               peditumque
               magis
               cohortibus
               quam
               turmis
               Equitum
               .
               Garianonum
               igitur
               Castorem
               pono
               ,
               Camdeno
               licet
               Burgh
               arrisit
               .
               Conducit
               in
               sententiam
               nostram
               ,
               Castor
               ,
               nomen
               à
               Romanis
               sumptum
               ,
               praesertim
               cum
               in
               tota
               Anglia
               ,
               nihil
               (
               quod
               sciam
               )
               hujus
               nominis
               reperietur
               non
               Romanum
               .
               Convenit
               &
               ipse
               locus
               ,
               arenarum
               oppilationi
               &
               diversioni
               fluminis
               oportunior
               ,
               ornithiis
               &
               Euro-Aquilone
               imperantibus
               .
            
             
               Orientem
               solem
               ulterius
               non
               videt
               Norfolcia
               :
               remeandum
               igitur
               ad
               Occidentem
               .
               E
               Yermutha
               exeuntes
               statim
               recipit
               Burgh-castle
               ,
               ad
               Hieri
               marginem
               ,
               sed
               in
               Suffolcia
               collocatum
               ,
               quo
               nos
               igitur
               non
               commorabimur
               .
               Situm
               tamen
               dabimus
               &
               effigiem
               ,
               ut
               Romanam
               fuisse
               intelligas
               :
               sed
               an
               Stablesianorum
               equitum
               statio
               ,
               cum
               fluminibus
               &
               palustri
               impediretur
               solo
               ,
               licet
               in
               acclivi
               castrum
               ,
               non
               est
               verisimile
               .
               Si
               autem
               Cnoberi
               urbs
               fuit
               ,
               &
               Monasterium
               (
               de
               quo
               Beda
               l.
               13.
               c.
               19.
               )
               à
               Judaeis
               postea
               habitatum
               tradunt
               incolae
               ,
               &
               fidem
               auget
               ,
               ejus
               ducens
               ad
               introitum
               via
               antiqua
               ,
               Judaeorum
               hodie
               
               appellata
               .
               Tenebat
               aliquando
               hoc
               castrum
               Radulfus
               filius
               Rogeri
               de
               Burgo
               per
               Serjantiam
               ;
               quam
               cum
               dimisisset
               Gilberto
               de
               Weseham
               ,
               &
               ille
               Regi
               Henrico
               III.
               eandem
               dedidisset
               ,
               Rex
               20.
               
               Aprilis
               ,
               regni
               sui
               20.
               coenobio
               S.
               Andreae
               de
               Bromholme
               ,
               cum
               omnibus
               adjacentiis
               conferebat
               .
            
             
               Ad
               Hieri
               cum
               Wavenio
               coitum
               ,
               tertio
               à
               Yermutha
               miliari
               ,
               è
               paludibus
               
               vix
               se
               erigit
               Reedham
               villula
               ,
               Barneorum
               sedes
               ,
               ab
               arundineo
               situ
               nuncupata
               ,
               sed
               miraculoso
               Lothbroci
               nobilis
               Dani
               appulsu
               aeque
               celebris
               ,
               at
               infelix
               .
               Lugubrem
               suscitabo
               narrationem
               .
               Lothbrocus
               hic
               à
               stirpe
               regia
               ,
               cum
               duos
               genuisset
               filios
               ,
               Hinguarem
               atque
               Hubbam
               ,
               &
               solus
               aliquando
               in
               navicula
               ,
               aves
               per
               vicinas
               Daniae
               insulas
               ,
               cum
               accipitre
               depraedaretur
               ,
               correptus
               est
               subita
               tempestate
               per
               maris
               latitudinem
               ,
               &
               in
               Hieri
               ostium
               usque
               Reedham
               deportatur
               .
               Peregrinum
               incolae
               (
               ut
               invenerant
               )
               solum
               cum
               accipitre
               Eadmundo
               Regi
               East-Auglorum
               ,
               cujus
               ad
               decimum
               inde
               lapidem
               erat
               Castor
               Regia
               ,
               detulerunt
               .
               Formam
               &
               fortunam
               viri
               Rex
               miratur
               ,
               vultuque
               &
               moribus
               adeo
               serenis
               excipit
               ,
               ut
               Lothbrocus
               subito
               patriae
               desiderio
               non
               teneretur
               .
               Capitur
               &
               aulicorum
               studiis
               ,
               praesertim
               venatorio
               ;
               quo
               ut
               fiat
               peritior
               ,
               Berno
               se
               adjungit
               venatori
               Regio
               ,
               Magistrumque
               sic
               brevi
               superat
               ;
               ut
               invidia
               percitus
               ,
               hunc
               ille
               inter
               nemora
               seductum
               clam
               peremerit
               .
               Desiderato
               Lothbroco
               ,
               canis
               quem
               alerat
               leporarius
               interfecti
               corpus
               vigil
               tuebatur
               ,
               sed
               coactus
               fame
               alias
               atque
               alias
               Aulam
               petit
               :
               observatusque
               à
               ministris
               Regis
               ,
               subsequentes
               ducit
               ad
               interfecti
               corpus
               .
               Bernus
               sceleris
               reus
               agitur
               ,
               &
               judicio
               Curiae
               ,
               Regis
               Lothbroci
               imponitur
               naviculae
               ,
               solus
               &
               sine
               omni
               instrumento
               nautico
               ;
               fluctibusque
               &
               ventis
               creditus
               ,
               Daniam
               fato
               advectus
               est
               .
               Cognita
               illic
               navicula
               ,
               tormentis
               arguitur
               de
               Lothbroci
               nece
               ;
               &
               se
               ut
               liberet
               ,
               interfectum
               mentitur
               ab
               Eadmundo
               Rege
               East-Anglorum
               .
               Saevissimam
               jurant
               Hingar
               &
               Hubba
               ultionem
               ,
               collectoque
               20000.
               armatorum
               exercitu
               ,
               ductore
               Berno
               ,
               totam
               East-Angliam
               ex
               improviso
               diripiunt
               .
               Eadmundum
               Regem
               brevi
               capiunt
               ,
               flagris
               caedunt
               ,
               confossumque
               deinde
               sagittis
               ,
               &
               gladio
               detruncatum
               ,
               inter
               Divos
               referendum
               excarnificant
               .
               Sic
               cum
               Rege
               animam
               efflavit
               regnum
               East-Anglorum
               ,
               
                 An.
                 gratiae
              
               ,
               870.
               die
               .
               12.
               
               Calend.
               Decembris
               ,
               quae
               Eadmundo
               hactenus
               celebratur
               in
               Calendario
               .
            
             
               Ex
               his
               videtur
               Reedham
               villam
               hanc
               parvam
               ,
               magna
               Yarmutha
               antiquiorem
               esse
               .
               Nam
               si
               habitatoribus
               frueretur
               Yermutha
               ,
               cum
               Lothbrocus
               huc
               appulsus
               est
               ,
               opem
               proculdubio
               clamore
               implorasset
               ,
               attritusque
               fame
               &
               itinere
               ,
               ulterius
               non
               perrexisset
               in
               fluvio
               .
               Decurrit
               hinc
               fluviolus
               ad
               Romanam
               alteram
               munitionem
               ,
               sed
               an
               Ventam
               illam
               Icenorum
               ,
               qua
               nihil
               olim
               apud
               nos
               illustrius
               ,
               ego
               subito
               non
               definiam
               .
               Mirum
               enim
               videatur
               &
               inconsultum
               ,
               magni
               celebrisque
               populi
               metropolim
               ad
               ignobilem
               collocari
               fluvium
               ,
               cum
               in
               viciniis
               ipsis
               haberetur
               aliud
               nobilissimum
               .
            
             
               Hinc
               inter
               Waveney
               &
               Hierum
               nihil
               quod
               sciam
               memorabile
               ,
               donec
               sub
               
               10.
               pene
               lapide
               ad
               Hales
               venieris
               ;
               ubi
               Jacobus
               Hobart
               ,
               Henrici
               VII
               .
               Attornatus
               pluribus
               familiis
               initium
               dedit
               .
            
             
               
               Pari
               distantia
               Waveneium
               occupat
               mercatorium
               Haileston
               .
               Inde
               in
               Septentrionem
               
               rediens
               ,
               per
               Shelton
               ,
               quod
               antiquos
               suae
               appellationis
               dominos
               nuper
               
               exuit
               ,
               ad
               Tasburg
               itur
               .
            
             
               
               In
               
                 Wenti
                 &
                 Hieri
              
               commissura
               ,
               &
               Wento
               magis
               quam
               Hiero
               Norwich
               assidet
               .
               A
               north
               dictum
               quod
               boreale
               ,
               &
               wic
               quod
               castellum
               ,
               vicum
               ,
               portum
               ,
               sinum
               seu
               anfractum
               fluvialem
               ,
               Saxonibus
               nostris
               significabat
               .
               Convenit
               igitur
               ,
               quamcunque
               elegeris
               significationem
               ;
               sed
               non
               aeque
               omnis
               .
               Si
               de
               sinu
               dixeris
               ,
               urbs
               non
               in
               sinu
               fluvii
               sed
               in
               dorso
               ponitur
               ,
               nec
               ad
               partem
               quidem
               borealem
               sed
               occiduam
               magis
               ,
               unde
               &
               West-wich
               potius
               quam
               Norwich
               diceretur
               .
               Saxo
               ipse
               Alfricus
               nostras
               ,
               Wic
               exponit
               de
               castello
               ,
               &
               huc
               nihil
               accommodatius
               .
               Effecit
               enim
               ipsa
               ratio
               ,
               ut
               
                 Castellum
                 boreale
              
               diceretur
               ;
               cum
               ad
               tertium
               inde
               milliare
               versus
               ipsum
               Austrum
               ,
               aliud
               haberetur
               castrum
               regium
               ,
               quod
               ,
               extinctum
               hodie
               ,
               Caster
               tamen
               appellatur
               .
            
             
               
               S●
               a
               castro
               igitur
               nomen
               urbis
               ,
               castrum
               nomine
               proculdubio
               est
               antiquius
               ;
               
               &
               forte
               ipsa
               urbe
               ,
               quod
               in
               ejus
               habeatur
               meditullio
               .
               Sic
               Roma
               Capitolium
               .
               Licet
               enim
               fossam
               propter
               formam
               orbicularem
               &
               immanem
               amplitudinem
               ,
               Danorum
               censeam
               vel
               Normannorum
               opus
               ,
               arcem
               utique
               Normannorum
               ;
               castrum
               tamen
               ab
               antiquiori
               seculo
               illic
               exstitisse
               ,
               &
               nomen
               suggerit
               ,
               &
               Charta
               quaedam
               Henrici
               I.
               qua
               enixius
               ab
               Harvaeo
               ,
               primo
               Eliensi
               Episcopo
               [
               rogatus
               ,
               ]
               Ecclesiam
               illam
               liberam
               facit
               
                 de
                 jugo
                 servitutis
                 ,
                 &
                 custodia
                 ,
                 quam
                 castello
                 Norwici
                 debebat
                 .
              
               Imponi
               non
               poterat
               ista
               servitus
               ,
               dum
               ab
               Episcopis
               ,
               Monachis
               aut
               Monialibus
               possiderentur
               terrae
               Ecclesiae
               ,
               si
               prius
               non
               fuisset
               debita
               ;
               ideoque
               debitam
               fuisse
               dum
               in
               secularium
               exstiterunt
               manibus
               (
               i.
               e.
               Tomberti
               Australium
               Gerviorum
               Principis
               ,
               qui
               Aethelredae
               uxori
               suae
               ,
               primae
               Eliensis
               Monasterii
               fundatrici
               ,
               circiter
               
                 An.
                 Dom.
              
               677.
               eas
               dedit
               )
               necesse
               est
               .
               In
               Ecclesiasticorum
               enim
               dum
               erant
               possessione
               ,
               magis
               (
               inquiunt
               LL.
               Edw.
               Confess
               .
               )
               
                 in
                 Ecclesiae
                 confidebant
                 orationibus
                 ,
                 quam
                 in
                 armorum
                 defensionibus
                 .
              
               Ca.
               11.
               
            
             
               Amplum
               etiam
               fuisse
               Norwici
               castrum
               ante
               Normannorum
               ingressum
               ,
               ex
               eo
               liquet
               ,
               quod
               in
               Domesdei
               legitur
               Ibidem
               LXXXI
               .
               
                 mansurae
                 vacuae
                 in
                 occupatione
                 castelli
              
               .
            
             
               Nobile
               etiam
               tune
               fuisse
               videtur
               hoc
               Norwici
               castrum
               ,
               &
               velut
               totius
               Icenorum
               Provinciae
               metropolis
               ,
               cui
               insignis
               ille
               Geruiorum
               Princeps
               ,
               &
               tam
               insignis
               Insulae
               illius
               pars
               (
               si
               non
               tota
               )
               deservirent
               .
               Primo
               etiam
               ad
               East-Anglorum
               Reges
               ,
               postea
               Praesides
               ,
               quos
               alias
               Aldermannos
               ,
               alias
               Duces
               ,
               alias
               Comites
               appellabant
               ,
               pertinuisse
               .
               In
               instauratione
               igitur
               Monasterii
               ,
               Aetheldreda
               fratris
               sui
               Adulphi
               Regis
               East-Anglorum
               opem
               implorat
               :
               &
               in
               translatione
               Monachorum
               inde
               Betrichswordiam
               ,
               sub
               Canuto
               Rege
               ,
               
                 An.
                 Dom.
              
               1020.
               idem
               facit
               Leofinus
               Abbas
               à
               Turchillo
               Comite
               .
            
             
               Quonam
               olim
               frueretur
               nomine
               ,
               non
               me
               torqueo
               .
               Proculdubio
               vel
               Saxonico
               Norƿic
               ;
               vel
               (
               quod
               Camdenus
               cedit
               )
               Britannico
               
                 Caer
                 Guntum
              
               ;
               vel
               (
               ut
               Lhuydus
               habet
               )
               
                 Caer
                 guynt
              
               .
               In
               Historiis
               (
               fateor
               )
               raro
               occurrit
               vox
               alterutra
               :
               rarius
               quippe
               ipsae
               historiae
               .
               
                 Caer
                 Guntum
              
               vero
               quasi
               Wentopolis
               ,
               i.
               e.
               civitas
               ad
               Guntum
               fluvium
               (
               quem
               Saxones
               more
               suo
               G.
               in
               W.
               mutantes
               ,
               Wentum
               pro
               Wuntum
               dicunt
               ,
               Romani
               
                 Ventam
                 .
              
               )
               Diceretur
               aeque
               &
               Hieropolis
               ,
               ab
               Hiero
               fluvio
               .
               Sed
               quaeritur
               an
               haec
               Venta
               illa
               Icenorum
               apud
               veteres
               &
               Antoninum
               ?
               Negaveris
               forte
               &
               affirmaveris
               in
               aequilibrio
               .
            
             
               
               A
               Norwico
               per
               adversum
               flumen
               ad
               Cossey
               remigatur
               ;
               ubi
               junior
               sed
               clara
               Jerneghamiorum
               familia
               sedem
               obtinet
               luculentam
               ;
               primogenita
               illa
               quae
               ad
               Somerle-town
               in
               Lothingland
               Suffolciae
               non
               pridem
               flourit
               ,
               jam
               extincta
               .
            
             
               
               Prope
               hic
               ad
               Austrum
               ,
               Wenti
               sinum
               alium
               videas
               Norwicensi
               similam
               :
               cujus
               cum
               in
               dorso
               pendeat
               ,
               ut
               Norwicus
               ,
               villula
               ,
               non
               à
               sinu
               nomen
               habet
               ,
               sed
               à
               dorso
               ,
               Bouthorpe
               ,
               quasi
               à
               bout
               ,
               i.
               ambitu
               ,
               &
               thorpe
               ,
               villula
               .
            
             
               
               Ab
               hoc
               sinu
               per
               Intwood
               quod
               Greshamos
               excussit
               nuper
               ,
               ad
               Kettringham
               contenditur
               ,
               Heveninghamorum
               sedem
               ,
               numerosum
               Equitum
               seriem
               proferentium
               .
            
             
               
               Late
               hic
               in
               centuria
               (
               quae
               à
               4.
               montibus
               ,
               ubi
               convocari
               solet
               ,
               nuncupatur
               Forehow
               )
               distendit
               alas
               Wimundham
               ,
               vulgo
               Windham
               .
               Albeneiorum
               ,
               Comitumque
               Arundeliae
               ,
               eorumque
               haeredum
               ,
               subinde
               ab
               ingressu
               Normannorum
               opulenta
               possessio
               ,
               donec
               à
               Knevettis
               ad
               Henricum
               Hobart
               ,
               Capitalem
               Justitiarium
               Civilium
               Placitorum
               ,
               venditione
               devenit
               .
               Coenobio
               claruit
               Nigrorum
               Monachorum
               ,
               à
               Gulielmo
               de
               Albeneio
               pincerna
               Regis
               Henrici
               I.
               condito
               ,
               Sanctoque
               Albano
               primitus
               ascripto
               :
               coenobium
               vero
               ,
               crebris
               Albeneiorum
               ,
               Comitumque
               aliquot
               Arundeliae
               sepulturis
               ;
               ubi
               de
               Fundatore
               hoc
               Epitaphium
               
                 
                   Hunc
                   Pincerna
                   locum
                   fundavit
                   ,
                   &
                   hic
                   jacet
                   ;
                   illa
                
                 
                   Quae
                   dedit
                   huic
                   domui
                   ,
                   jam
                   sine
                   fine
                   tenet
                   .
                
              
            
             
               
               Huic
               radios
               Hengham
               porrigit
               ;
               ubi
               Rex
               Aethelstanus
               60.
               
               Hydas
               ,
               
                 i.
                 e.
              
               carucatas
               terrae
               Aethelwoldo
               dedit
               ,
               Episcopo
               Wintoniensi
               ,
               qui
               easdem
               cum
               Eadgaro
               Rege
               mox
               post
               annum
               970.
               commutavit
               pro
               40.
               hydis
               &
               dimidio
               in
               
               Insula
               Ely
               &
               adjacentibus
               ;
               cum
               jurisdictione
               &
               immunitate
               7.
               
               Centuriarum
               &
               dimidiae
               ,
               quae
               hodie
               S.
               
                 Aethelred
                 s
                 Liberty
              
               appellatur
               .
               Mercatorium
               est
               ,
               &
               suos
               habuit
               Barones
               ;
               sed
               clarius
               nomen
               à
               
                 Radulpho
                 de
                 Hengham
              
               .
            
             
               
               A
               dextris
               Kimberley
               egregiis
               adornatur
               Woodhousorum
               aedibus
               ,
               a
               Johanne
               Woodhouse
               equite
               nascentium
               .
            
             
               
               A
               sinistris
               dum
               in
               meridiem
               tend●●us
               ,
               merito
               nos
               moratur
               Attilburgh
               ;
               ut
               sopitam
               ejus
               dignitatem
               suscitemus
               .
               Atque
               id
               in
               primis
               moneo
               :
               Nusquam
               occurrit
               appellatio
               burgi
               ,
               nihil
               innuens
               antiqui
               inuniminis
               ;
               puta
               urbem
               ,
               castrum
               ,
               turrim
               ,
               vallum
               ,
               sepimentum●e
               militare
               :
               majori
               autem
               ,
               qua
               apud
               nos
               frequenter
               deprehenditur
               ,
               
                 Castrum
                 ;
                 Vrbem
                 ,
                 Civitatem
              
               .
               Recte
               igitur
               Littletonus
               ,
               
                 Quae
                 hodie
              
               (
               inquit
               )
               
                 civitates
                 ,
                 olim
                 dicebantur
                 burgi
              
               .
               Nec
               pro
               civitate
               ,
               alia
               pro
               veteres
               nostros
               Saxonas
               seu
               recentes
               Germanos
               appellatio
               .
               Perhibetur
               celebri
               fama
               Attilburgum
               non
               solum
               fuisse
               civitatem
               ,
               sed
               &
               aliquando
               Regiam
               &
               Provinciae
               Metropolim
               .
               Famae
               non
               deest
               antiquae
               paginae
               testimonium
               ▪
               si
               Joanni
               de
               Bramis
               (
               Waldei
               Historiae
               ante
               200.
               annos
               authori
               )
               stet
               ,
               (
               quod
               penitus
               non
               faciam
               .
               )
               Refert
               Joh.
               Bramis
               ,
               Atlynge
               quendam
               ,
               Norfolciae
               Regem
               (
               qui
               sub
               .....
               Christi
               seculo
               floruit
               )
               in
               defensionem
               suam
               eam
               condidisse
               adversus
               Rond
               ,
               Thetfordiae
               Regem
               ,
               muro
               etiam
               cinxisse
               atque
               fossa
               ,
               &
               quatuor
               portis
               ,
               quatuor
               turres
               addidisse
               .
               Ductum
               insuper
               a
               conditore
               nomen
               .
               De
               auctoris
               fide
               non
               digladiabor
               .
               Monachus
               fuit
               Thetfordiensis
               ,
               &
               historiam
               transtulisse
               refert
               ,
               tum
               ex
               exemplari
               Gallico
               ,
               tum
               &
               Anglico
               ,
               verbis
               laborante
               utroque
               interdum
               exoletis
               :
               sed
               &
               Gallicum
               ,
               pro
               genio
               seculi
               &
               illius
               populi
               multa
               invexisse
               .
            
             
               
               In
               confiniis
               Attilburgi
               ,
               villulam
               optimam
               (
               sic
               Besthorp
               sonat
               )
               proavorum
               sedem
               habitat
               eques
               primarius
               —
               Et
               jam
               in
               tractum
               pervenitur
               ,
               sylvis
               divitem
               atque
               pascuis
               ,
               quo
               primas
               obtinet
               Boccinum
               ,
               oppidum
               vetus
               ,
               ad
               
               I●idem
               fluvium
               (
               ut
               Lelandus
               ponit
               )
               situm
               ;
               &
               nunc
               Buckenham
               ,
               non
               à
               fagis
               (
               ut
               Camdeno
               visum
               )
               quae
               in
               tota
               hac
               Provincia
               nusquam
               (
               quod
               sciam
               )
               reperiuntur
               ,
               sed
               a
               cervorum
               copia
               (
               quibus
               ut
               circumfusa
               n●mora
               olim
               abundarent
               ,
               ita
               neque
               hodie
               destituta
               sunt
               )
               nomen
               habet
               .
               Nam
               hos
               item
               Dani
               atque
               Saxones
               Bucken
               vocant
               .
               Pinguior
               autem
               ista
               Comitatus
               portio
               ,
               cum
               villis
               plurimis
               adjacentibus
               ,
               &
               officio
               Pincernae
               Regii
               ,
               Gulielmo
               Albeneio
               à
               Conquestore
               data
               perhibetur
               ,
               castrumque
               ille
               Buckenhamiae
               condidisse
               ;
               cum
               tamen
               in
               excisenda
               patria
               nostra
               inter
               Normannos
               nulla
               ejus
               mentio
               fiat
               in
               libro
               Censuali
               ,
               qui
               Domesdei
               nuncupatur
               .
               Quandocunque
               autem
               facta
               fuerit
               haec
               donatio
               ;
               certum
               est
               &
               fieri
               aliquando
               ,
               crevisseque
               ejus
               posteros
               in
               Comites
               Arundeliae
               ;
               sed
               deficiente
               sub
               Henrico
               III.
               haerede
               masculo
               ,
               insignis
               haec
               haereditas
               inter
               foeminas
               dispartita
               est
               :
               cessitque
               jam
               castellum
               de
               Buckenham
               cum
               nobilissimo
               mancrio
               Wimondham
               inter
               alia
               multa
               per
               
                 Tatsallos
                 ,
                 Calios
                 ,
                 Cliftonos
              
               ,
               ad
               Knevettorum
               prosapiam
               ,
               e
               qua
               hodie
               Philippus
               Knivet
               Baronetti
               gaudet
               novo
               titulo
               ;
               sed
               patrimonium
               vetus
               adeo
               labefactavit
               ,
               ut
               vix
               Buckenham
               cum
               castello
               r●maneant
               integre
               .
            
             
               
               Inter
               villas
               plurimas
               quas
               Keninghal
               hic
               trahit
               in
               suam
               ditionem
               ,
               subest
               ad
               Austrum
               Garbusham
               ,
               alias
               
                 Garbelsham
                 ,
                 &
                 Garbolisham
              
               ,
               quod
               Wilfricus
               Abbas
               sextus
               Eliensis
               ,
               antequam
               Ecclesia
               illa
               in
               Episcopatum
               eveheretur
               ,
               Gudmundo
               fratri
               suo
               inter
               alia
               cessit
               ,
               ad
               vitae
               spacium
               .
               Sed
               direpta
               interea
               à
               Normannis
               Anglia
               ,
               Hugo
               de
               Munford
               miles
               Normannicus
               ,
               haec
               &
               caetera
               cum
               à
               Gudmundo
               tum
               a
               Monasterio
               in
               perpetuum
               abrasit
               .
               Cito
               vero
               transiit
               Garbulsham
               ▪
               ut
               videtur
               )
               ad
               dominos
               villae
               Keninghal
               ,
               cujus
               in
               vestibulo
               jacet
               .
               Amplum
               enim
               hoc
               ,
               &
               sedes
               olim
               potentissimorum
               Baronum
               .
            
             
               
               Hic
               limen
               Norfolciae
               tuetur
               Lopham
               è
               cujus
               latere
               velut
               ab
               eodem
               alvo
               enascentes
               discordes
               fratres
               ,
               Isis
               minor
               &
               Waveney
               ,
               fluvii
               ,
               contrariis
               alveis
               hic
               per
               Dille
               in
               oriente
               Garienum
               petit
               ,
               ille
               per
               Thetforde
               in
               Occidente
               Lennum
               Regis
               ;
               suo
               ambitu
               totum
               Norfolciae
               australe
               Hemisphaerium
               complectentes
               .
            
             
               
               Thetfordiam
               (
               antique
               Tedford
               )
               dici
               à
               supposititio
               fluminis
               nomine
               Thet
               vel
               
               Sit
               ,
               vix
               assentior
               .
               Saxonibus
               liquido
               sonat
               
                 vadum
                 populi
              
               ,
               ðeod
               enim
               populus
               ,
               ƿord
               vadum
               .
               Fuisse
               tamen
               Antonini
               Sitomagum
               non
               inficior
               ;
               male
               licet
               de
               intervallo
               convenit
               à
               Venta
               Icenorum
               ;
               vetustamque
               admodum
               ,
               ut
               caetera
               omnia
               in
               magus
               (
               quod
               urbem
               sonat
               )
               desinentia
               .
               In
               antiquae
               tabulae
               fragmentis
               Simomagus
               ,
               alias
               Sinomagus
               ;
               quod
               utrumque
               mihi
               Icenorum
               urbem
               velut
               primariam
               olim
               ,
               &
               metropolin
               tractus
               istius
               fuisse
               suggerit
               .
               Prior
               enim
               vox
               Simomagus
               Ptolemaeo
               quadrat
               ,
               qui
               Icenos
               vocat
               Simenos
               :
               &
               vox
               posterior
               Sinomagus
               dicit
               
                 qu.
                 Icenomagus
              
               .
               Nec
               Caesari
               dissonat
               ,
               qui
               Icenos
               (
               juxta
               Camdeni
               lectionem
               )
               Cenos
               vocat
               ,
               ut
               alii
               Hispanos
               ,
               Spanos
               .
               In
               historiis
               autem
               non
               omnino
               sonuit
               Sitomagus
               nomen
               ;
               nec
               ante
               Saxones
               recentiores
               Tedford
               ipsum
               ;
               nec
               Jo.
               Brami
               Monacho
               adhibueris
               aurem
               de
               Rondo
               quodam
               strenuo
               istius
               urbis
               Rege
               ,
               vicinisque
               infestissimo
               ,
               memoranti
               .
               Floruisse
               eum
               refert
               Vortigerni
               seculo
               ,
               torpentibus
               &
               cedentibus
               jam
               Romanis
               ,
               grassantibus
               Pictis
               &
               Scotis
               ,
               enervatis
               Britannis
               ,
               Saxonibusque
               cumulatim
               irruentibus
               .
               Sic
               ut
               de
               Britannia
               jam
               dicamus
               ,
               ut
               de
               Israel
               olim
               ,
               
                 Nullus
                 jam
                 Rex
                 in
                 Israel
              
               .
               Occupanti
               enim
               omnia
               jam
               ceduntur
               ,
               &
               ubique
               tot
               Toparchae
               ,
               (
               quos
               Scriptores
               veteres
               appellabant
               Reges
               )
               quot
               tyranni
               ,
               munita
               possidentes
               oppida
               vel
               territoria
               .
               Praedones
               siquidem
               non
               Reges
               ;
               de
               quibus
               recte
               Porphyrius
               impius
               apud
               Ninnium
               ;
               
                 Britannia
                 fertilis
                 provincia
                 tyrannorum
              
               .
               Brit.
               pa.
               36.
               
               Fertur
               &
               ex
               historia
               anonyma
               fuisse
               olim
               scholasticorum
               studium
               Thetfordiae
               (
               Caius
               ,
               p.
               148.
               &
               fidem
               astruit
               ipse
               Beda
               ,
               lib.
               3.
               c.
               18.
               de
               Sigeberto
               ita
               loquens
               :
               
                 Patriam
                 reversus
                 ,
                 ubi
                 regno
                 potitus
                 est
                 ,
                 mox
                 ea
                 quae
                 in
                 Galliis
                 bene
                 disposita
                 videt
                 ,
                 imitari
                 cupiens
                 ,
                 instituit
                 scholam
                 ,
                 in
                 qua
                 pueri
                 literis
                 erudirentur
                 .
              
               Nollem
               fraudi
               esse
               Cantabrigiae
               ,
               quae
               locum
               hunc
               ad
               suam
               trahit
               Academiam
               ;
               priorem
               tamen
               agnoscit
               ipse
               Caius
               —
               
                 Egregia
                 olim
                 schola
                 è
                 plebeis
                 ;
                 cum
                 per
                 aliquot
                 secula
                 ex
                 edicto
                 Gregoriano
                 prohiberentur
                 Angli
                 gymnasia
                 celebrare
                 propter
                 Arianam
                 &
                 Pelagianam
                 haeresim
                 ,
                 aliosque
                 quosdam
                 Britannorum
                 errores
                 .
              
               V.
               Caium
               .
            
             
               Veteres
               urbis
               aerumnas
               hodie
               praedicant
               fossae
               vicinae
               militares
               ,
               egestumque
               plurimo
               cespite
               propugnaculum
               ;
               Danorum
               potius
               quam
               Saxonum
               opus
               :
               proculdubio
               non
               Romanorum
               ,
               qui
               nec
               tanta
               elatione
               nec
               tam
               exiguo
               ambitu
               castra
               metabantur
               .
               Hanc
               ,
               è
               Northymbria
               regressi
               (
               Anno
               circiter
               870.
               )
               Hungar
               &
               Hubba
               ,
               Danorum
               occupant
               conductores
               truculentissimi
               .
               Quibus
               dum
               congreditur
               Orientalis
               nostrae
               Angliae
               Rex
               piissimus
               Eadmundus
               ,
               in
               fugam
               est
               coactus
               ,
               obsessusque
               in
               castello
               de
               Foamingham
               ,
               demum
               capitur
               ,
               sagittisque
               ,
               arbori
               alligatus
               ,
               transfixus
               ,
               &
               truncatus
               capite
               :
               decerptumque
               deinceps
               regnum
               ejus
               ad
               Occidentales
               Saxones
               est
               delatum
               .
               (
               Vid.
               
                 Holl.
                 &
                 Hunt.
              
               )
            
             
               Sub
               ingressu
               Normannorum
               ,
               Arfastus
               ,
               Capellanus
               Gulielmi
               I.
               &
               jam
               tractus
               hujus
               Pontifex
               ,
               Episcopalem
               sedem
               ab
               Helmhamia
               transtulit
               Thetfordiam
               quod
               ab
               antiquo
               municipium
               esset
               Episcopatus
               sui
               ,
               &
               jam
               cautum
               esset
               Concilio
               ,
               ut
               Episcopi
               sedes
               suas
               non
               in
               villis
               ,
               sed
               in
               urbibus
               collocarent
               .
               Secundus
               vero
               successor
               ejus
               ,
               Herbertus
               de
               Losinga
               ,
               Norwicum
               detulit
               .
               Apud
               Episcopos
               tamen
               Norwicenses
               annos
               totos
               500.
               mansit
               Thetfordiae
               dominium
               .
               Cum
               vero
               sub
               Henrico
               VIII
               .
               
                 Ricardus
                 Nixus
              
               Episcopus
               incidit
               in
               crimen
               diminutae
               Regiae
               potestatis
               (
               quod
               Praemunire
               vocant
               )
               bonisque
               omnibus
               &
               perpetuo
               carcere
               mulctandus
               esset
               ;
               gratiam
               ut
               redintigraret
               ,
               universa
               Episcopatus
               praedia
               (
               viz.
               30.
               vel
               supra
               ,
               eximia
               maneria
               )
               in
               Regis
               patrimonium
               transcripsit
               :
               acceptis
               (
               Glauci
               &
               Diomedis
               permutatione
               )
               Abbatia
               S.
               Benedicti
               de
               Hulmo
               cum
               suis
               ,
               aliisque
               nonnullis
               praediis
               .
               Quae
               ut
               certius
               ,
               annecterentur
               Episcopatui
               ,
               decreto
               Parlamentario
               anni
               27.
               
               Henr.
               VIII
               .
               sancitum
               est
               ,
               ut
               Episcopus
               Norwicensis
               semper
               Abbas
               S.
               Benedicti
               de
               Hulmo
               habeatur
               ,
               &
               e
               contra
               Abbas
               S.
               Benedicti
               de
               Hulmo
               semper
               utique
               Episcopus
               Norwicensis
               :
               Sic
               unus
               hodie
               nobis
               Abbas
               .
               Sed
               quoniam
               mentionem
               fecimus
               tantae
               cladis
               nobilissimi
               istius
               Episcopatus
               ,
               casum
               referam
               ,
               quo
               Regi
               tam
               obnoxius
               fit
               Episcopus
               .
            
             
             
               Anno
               25.
               
               Henrici
               VIII
               .
               Regiarum
               causarum
               Procurator
               Billam
               quam
               vocant
               de
               Praemunire
               exhibuit
               in
               Banco
               Regis
               versus
               Episcopum
               Norwicensem
               (
               nomine
               
                 Richardum
                 Nix
              
               )
               tune
               in
               custodia
               Marescalli
               existentem
               .
               Billa
               quae
               di●itur
               Indictamenti
               ,
               suit
               hujusmodi
               .
               Quod
               in
               villa
               Thetfordiae
               in
               Comitatu
               Norfolciae
               ,
               ultra
               hominum
               memoriam
               ,
               consuetudo
               extiterat
               ;
               ut
               causa
               omnes
               ●●●l●siasticae
               in
               eadem
               emergentes
               villa
               ,
               coram
               Decano
               villae
               ejusdem
               ,
               qui
               ibidem
               peculiar●m
               habuit
               jurisdictionem
               ,
               terminarentur
               :
               &
               quod
               nullus
               extra
               dictam
               villam
               in
               placitum
               traheretur
               in
               aliquam
               aliam
               Curiam
               Christianam
               pro
               causis
               Ecclesiasti●is
               ,
               nisi
               coram
               eodem
               Decano
               :
               &
               si
               aliquis
               contra
               dictam
               consuetudinem
               tractus
               esset
               in
               placitum
               coram
               aliquo
               alio
               judice
               Ecclesiastico
               ,
               &
               hoc
               praesentatum
               for●t
               coram
               Majori
               ejusdem
               villae
               ,
               delinquens
               ille
               forisfaceret
               VI.
               sol
               .
               VII
               .
               den
               .
               Et
               quod
               quidam
               N.
               sectam
               prosequebatur
               in
               consistorio
               dicti
               I
               piscopi
               ,
               pro
               re
               exorta
               infra
               dictam
               villam
               Thetfordiae
               ,
               &
               praesentatum
               hoc
               fuit
               coram
               Majore
               ,
               &
               quod
               ipse
               pro
               delicto
               isto
               forisfaceret
               VI.
               sol
               .
               VIII
               .
               den
               .
               Ob
               hoc
               Episcopus
               Majorem
               citat
               generaliter
               
                 pro
                 salute
                 animae
              
               ad
               comparendum
               coram
               semetipso
               in
               aedibus
               suis
               Hoxomi●
               ,
               in
               Comitatu
               Suffolciae
               :
               &
               apparente
               eo
               ,
               tanquam
               per
               libellum
               ,
               questus
               ●st
               ore-tenus
               de
               praedi●ta
               materia
               ,
               injunxitque
               eidem
               sub
               poena
               excommunicationis
               ,
               ut
               quod
               praesentatum
               fuit
               ,
               adnihilaret
               .
               Episcopus
               petit
               at
               Consilium
               ●ruditum
               (
               sic
               Advocatos
               vocant
               )
               sibi
               assignaretur
               :
               &
               hi
               assecunt
               ●●m
               id
               quod
               praesentatum
               fuit
               ,
               tum
               &
               ipsam
               consuetudinem
               vacnam
               〈◊〉
               propterea
               non
               posse
               dici
               
                 contra
                 coronam
                 &
                 dignitatem
                 regiam
              
               ;
               nec
               〈◊〉
               tractum
               esse
               ad
               Episcopum
               ad
               aliud
               examen
               :
               quod
               in
               nulla
               Curia
               exa●●ari
               deberet
               .
               2●
               .
               Curia
               Episcopi
               non
               intelligitur
               fore
               inf●a
               Stat.
               16.
               
               Ric.
               II.
               sed
               
                 in
                 Curia
                 Romana
                 aut
                 alibi
              
               ,
               debet
               intelligi
               ,
               extra
               regnum
               .
            
             
               Sed
               resolutum
               fuit
               per
               
                 Fitz
                 James
              
               Capitalem
               Justitiarium
               &
               totam
               Curiam
               ;
               quod
               ,
               sitne
               consuetudo
               ,
               sive
               id
               quod
               praesentatum
               est
               legitimum
               vel
               non
               ;
               res
               ,
               temporalis
               est
               &
               à
               lege
               communi
               determinabilis
               ,
               non
               in
               Curia
               spirituali
               :
               &
               Episcopum
               igitur
               incidisse
               in
               crimen
               de
               Praemunire
               .
            
             
               2●
               .
               Quod
               verbum
               alibi
               ,
               extendit
               tum
               ad
               Curias
               Episcopi
               ,
               tum
               &
               alias
               Curias
               ●cclesiasticas
               infra
               regnum
               ,
               &
               saepius
               ita
               judicatum
               esse
               per
               Curiam
               .
               Tune
               Episcopus
               indictamentum
               confessus
               est
               ,
               &
               super
               hoc
               ,
               Port
               secundus
               Justi●iar●●s
               judicium
               versus
               eum
               protulit
               :
               quod
               
                 esset
                 extra
                 protectionem
                 Regis
                 ,
                 &
                 quod
                 bona
                 &
                 catalla
                 ejus
                 Regi
                 essent
                 forisfacta
                 ,
                 corpusque
                 ejus
                 car●●ri
                 mancipandum
                 ●squ●quo
                 placu●rit
                 Regi
                 .
              
            
             
               De
               Episcopatu
               plura
               aliquot
               .
               Eum
               instituit
               S.
               Felix
               Burgundus
               ,
               adductus
               a
               Sigeberto
               ,
               East-Anglorum
               Regum
               primo
               Christiano
               ;
               ut
               populo
               suo
               Apostolus
               sor●t
               .
               Sedem
               posuit
               Dunmoci
               in
               Suffolcia
               .
               Sed
               post
               tertium
               succ●ssor●m
               divisus
               est
               Episcopatus
               in
               duas
               di●●ces●s
               :
               alt●ra
               cum
               11.
               
               Episcopis
               Dunwi●i
               permanente
               ,
               altera
               cum
               12.
               
               Elmhamiae
               in
               Norfolcia
               collocata
               .
               Direpta
               jam
               a
               Danis
               tota
               regione
               ,
               diu
               vacua
               ●●●sit
               utraque
               dioecesis
               ;
               sed
               coal●sc●nt●
               sub
               Edwino
               Rege
               ,
               Anno
               scilic●t
               955.
               sede
               Elmhamiae
               fruuntur
               12.
               alii
               Episcopi
               .
               Hic
               Arfastus
               vero
               dec●●us
               tertius
               ,
               Thetfordiam
               transtulit
               sub
               Guli●lmo
               I.
               &
               qui
               post
               alterum
               successit
               ei
               Herbert●s
               de
               Losinga
               ,
               Norwicum
               usque
               ;
               ubi
               praediis
               (
               ut
               di●imus
               )
               antiquis
               viduata
               ;
               hodie
               novis
               fruitur
               .
               Tenu●runt
               autem
               Episcopi
               veteres
               Baroniam
               suam
               ,
               5.
               melitum
               s●odis
               ;
               quibus
               jam
               Regi
               devolutis
               ,
               quaero
               quonam
               fulcimine
               Baronia
               nititur
               ,
               &
               quonam
               titulo
               Parliamentaria
               ingreditur
               Episcopus
               Comitia
               ?
            
             
               Inter
               caetera
               Nobilitatis
               monumenta
               ;
               celebris
               olim
               fuit
               haec
               urbecula
               solio
               Regum
               East-Anglorum
               ,
               Episcopali
               Cathedra
               ,
               &
               octo
               praeterea
               Monaster●s
               ,
               quod
               ne●
               in
               primaria
               ulla
               reperitur
               civitate
               ,
               nec
               in
               tantillo
               ambitu
               ,
               n●
               ipsomet
               Londmo
               ;
               adeo
               ut
               vel
               nostram
               dixeris
               
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
              
               ,
               vel
               ex
               merito
               Mona●●opolin
               .
               In
               responsion●
               vero
               quam
               dedit
               Norfolciae
               Vice-Com●s
               Brevi
               Regis
               Edouardi
               I.
               anno
               regni
               ejus
               9.
               emanenti
               ,
               quo
               se
               fieri
               certior●m
               Rex
               p●aecepit
               ,
               Quot
               civitates
               ,
               burgi
               ,
               &
               villae
               essent
               in
               hoc
               Comitatu
               ▪
               unica
               ●an●um
               memoratur
               civitas
               ,
               Norwicus
               scilicet
               ;
               &
               duo
               pariter
               
               burgi
               ,
               
                 h.
                 e.
              
               Jaremutha
               magna
               &
               villa
               Lenn-Episcopi
               :
               nulla
               de
               Thetfordia
               mentione
               ,
               quantacunque
               celebri
               vetustate
               .
               Proculdubio
               quod
               jam
               burgi
               tantum
               essent
               habiti
               ,
               qui
               Procuratores
               in
               regni
               emitterent
               Comitia
               seu
               Parliamenta
               :
               &
               Thetfordiensibus
               non
               indulta
               est
               haec
               gratia
               ante
               annum
               —
               quatenus
               è
               schedis
               liqueat
               Parliamentariis
               .
            
             
               Inter
               Coenobitas
               qui
               hic
               floruere
               ,
               Joannes
               Bramis
               Waldei
               historiam
               è
               veteribus
               Anglico
               &
               Gallico
               exemplaribus
               latine
               concinnavit
               ,
               quod
               in
               MS.
               
               Codice
               Collegii
               Corporis
               Christi
               Cantabrigiae
               sic
               exponitur
               ,
               
                 
                   De
                   Thetford
                   Monachis
                   Bramis
                   edidit
                   ista
                   Joannes
                   .
                
              
               Nec
               taceam
               nobile
               illud
               monumentum
               nostrum
               ,
               quod
               à
               senorum
               dierum
               creatione
               ,
               Hexameron
               (
               cum
               illo
               S.
               Ambrosii
               )
               inscribitur
               ,
               à
               Monacho
               etiam
               Thetfordiensi
               ,
               300.
               hinc
               annis
               (
               ut
               scriptura
               suadeat
               )
               conditum
               perhiberi
               .
               Carmine
               ,
               fateor
               ,
               satis
               impolito
               ,
               &
               pro
               genio
               seculi
               ,
               leonino
               ;
               egregia
               vero
               solertiâ
               &
               amplo
               volumine
               ,
               rerumque
               cognitione
               multiplicium
               (
               ne
               Bartassus
               primus
               dicatur
               hunc
               induisse
               cothurnum
               )
               refertissimum
               .
               Addam
               Prologi
               ejus
               exordium
               ;
               ut
               nostrum
               sciat
               Manuscriptum
               ,
               qui
               in
               similem
               Codicem
               in
               ciderit
               :
               
                 
                   Omnia
                   disponens
                   ,
                   nusquam
                   metam
                   sibi
                   ponens
                
                 
                   Virtus
                   divina
                   ,
                   stabilis
                   manet
                   absque
                   ruina
                   .
                
                 
                   Sacrum
                   pneuma
                   quidem
                   ,
                   genitor
                   genitus
                   ,
                   Deus
                   id●m
                
                 
                   Fons
                   ,
                   vitae
                   munus
                   ,
                   numero
                   sine
                   ,
                   trinus
                   &
                   unus
                   ,
                   &c.
                   
                
              
            
             
               
               A
               Thetfordia
               in
               Boream
               redeunti
               velut
               ad
               septimum
               lapidem
               ,
               Breclis
               occurrit
               ,
               exoletae
               Breclesiorum
               familiae
               sedes
               ,
               quam
               sub
               Anglo-Normannorum
               seculo
               ,
               Willielmus
               de
               Warenna
               ,
               Comes
               Sussexiae
               &
               Surriae
               ,
               Thomae
               dedit
               filio
               Godfridi
               ,
               filio
               Alberti
               Francigenae
               ,
               cum
               pluribus
               aliis
               Burnhamiae
               ,
               Grimstoniae
               ,
               &c.
               praediis
               ,
               quae
               per
               faemineam
               haeredem
               ad
               Cumptonos
               aliosque
               transiêre
               .
               Tulit
               nobilis
               olim
               haec
               familia
               in
               feodali
               clypeo
               dominorum
               suorum
               Comitum
               de
               Warenna
               Symbolum
               ,
               cianeo
               colore
               in
               distinctionem
               in
               nigrum
               verso
               :
               hoc
               est
               ,
               aream
               tessellatam
               
                 (
                 cheque
              
               vocant
               )
               ex
               auro
               &
               nigro
               ;
               ut
               de
               Calthorpis
               utique
               supra
               memoravimus
               .
            
             
               
               Haud
               procul
               Ellingham
               :
               &
               hic
               à
               latere
               Woodrising
               ,
               Southwellorum
               amplissimae
               samiliae
               (
               è
               qua
               Ricardus
               Reginae
               Mariae
               è
               consiliis
               claruit
               )
               speciosa
               pariter
               &
               spatiosa
               habitatio
               .
            
             
               
               Huic
               se
               adjungit
               Carbrooke
               ,
               ubi
               militum
               S.
               Joannis
               Hierosolymitani
               Prioratus
               fuit
               ,
               plurimis
               per
               hanc
               provinciam
               ditatus
               praediis
               &
               clientibus
               feodalibus
               .
               Qui
               cum
               amplissimis
               illius
               ordinis
               gauderent
               privilegiis
               ,
               crucis
               symbolum
               domibus
               suis
               vicatim
               apponebant
               ,
               ut
               sic
               ab
               aliis
               eorum
               innotesceret
               immunitas
               .
               Hoc
               autem
               cum
               multi
               alii
               olim
               factitarent
               ,
               ut
               sub
               iisdem
               delitescerent
               immunitatibus
               ,
               statutum
               An.
               13.
               
               Edw.
               I.
               Westm
               .
               2.
               ca.
               13.
               ut
               praedia
               illa
               quibus
               falso
               appingerentur
               ejusmodi
               cruces
               ,
               in
               domini
               feodalis
               transirent
               patrimonium
               .
            
             
               
               Hinc
               per
               Watton
               mercatorium
               ,
               ad
               Merton
               itur
               ;
               quod
               à
               lacu
               nomen
               habet
               ;
               decus
               autem
               à
               splendidis
               aedibus
               ,
               quas
               illic
               nuper
               exstruxit
               
                 Gulielmus
                 Grey
              
               ,
               probitate
               &
               prosapia
               eques
               splendidus
               .
            
             
               
               Habentur
               in
               hoc
               tractu
               
                 Northwold
                 ,
                 Methwold
                 ,
                 &
                 Hocwold
                 ,
              
               i.
               e.
               —
               aquilonaris
               ,
               medius
               ,
               &
               angularis
               ,
               quod
               in
               sinu
               Isidis
               velut
               angulo
               concluditur
               .
               Northwold
               vero
               12.
               aestimatum
               hydis
               ,
               in
               illa
               permutatione
               de
               qua
               supra
               diximus
               ,
               cessit
               Rex
               Eadgarus
               Episcopo
               Wintoniensi
               ,
               qui
               hoc
               statim
               contulit
               Eliensi
               Monasterio
               .
               Methwold
               ad
               Ducatum
               Lancastriae
               pertinens
               ,
               cuniculos
               alit
               laudatissimos
               ,
               cui
               ex
               constitutione
               Leoffini
               Abbatis
               tempore
               Canuti
               Regis
               ,
               obsonium
               reddebat
               annuatim
               duorum
               mensium
               :
               ut
               vicinum
               Feltwell
               ,
               
               Munfordorum
               antiquae
               &
               equestris
               familiae
               habitatio
               ,
               quae
               an
               ab
               Hugone
               de
               Monte
               forti
               ,
               qui
               cum
               Gulielmo
               I.
               Angliam
               est
               ingressus
               ,
               plurimaque
               praedia
               
               tractu
               hoc
               invaserat
               ,
               dicant
               qui
               rimantur
               stemmata
               :
               confundi
               enim
               saepius
               animadverto
               nomina
               :
               &
               in
               Charta
               libertatum
               Angliae
               ab
               Henrico
               I.
               concessa
               ,
               inter
               testes
               venit
               
                 Rob.
                 de
                 Mundforde
              
               ,
               ut
               in
               rubro
               libro
               Scaccarii
               habetur
               ,
               Parisio
               autem
               
                 Rob.
                 de
                 Monteforti
              
               .
            
             
               Haec
               ruris
               pars
               ,
               ut
               occidentis
               reliqua
               pascendis
               ovibus
               magnopere
               exponitur
               .
               Pleraeque
               villae
               aut
               unum
               ,
               aut
               duo
               ,
               aut
               tria
               ,
               interdum
               quatuor
               vel
               quinque
               millia
               nutriunt
               :
               ut
               intelligas
               Proceres
               Angliae
               apud
               Edw.
               I.
               de
               vectigali
               lanis
               imposito
               conquerentes
               ,
               consulto
               affirmasse
               
                 opum
                 regni
                 dimidium
                 in
                 lanis
                 consistere
                 .
              
               Dignum
               est
               vel
               nosse
               leges
               quibus
               lanigerum
               hoc
               pecus
               apud
               nos
               regitur
               :
               nam
               alibi
               non
               reperiuntur
               .
               Gregem
               instituere
               solius
               fuit
               domini
               villae
               seu
               manerii
               ,
               numerum
               &
               species
               ovium
               ,
               stationesque
               designare
               :
               ubi
               locorum
               ,
               &
               quo
               modo
               quibusque
               legibus
               cum
               in
               hyeme
               ,
               tum
               in
               aestate
               pascerentur
               .
               Hyeme
               vero
               ,
               non
               suas
               tantum
               ,
               sed
               aliorum
               omnium
               terras
               stationem
               illam
               per
               semestre
               pascere
               .
               Caulas
               item
               erigere
               &
               circumducere
               sive
               stercorationis
               causa
               ,
               sive
               alterius
               beneficii
               .
               Nihil
               horum
               alteri
               licitum
               ,
               ne
               vel
               ovem
               unicam
               in
               alodio
               suo
               hic
               sustinere
               .
               Stationem
               istam
               
                 the
                 Shepes
                 course
              
               vocant
               ;
               libertatem
               erigendi
               caulas
               ,
               fouldage
               &
               Saxonice
               fal●-●ocne
               ,
               stercorationem
               Tath
               ;
               &
               hyemalem
               pastionem
               Shack
               appellant
               .....
               
                 Reliqua
                 desiderantur
              
               .
            
             
               FINIS
               .
            
          
        
      
       
         
           
             
             
               COMITES
               MARESCALLI
               ANGLIAE
               .
            
             
               ET
               DE
               MILITE
               DISSERTATIO
               .
            
             
               Ab
               
                 HENRICO
                 SPELMANNO
              
               Equ
               .
               Aur.
               
            
          
        
         
           
             
             
             
               Comitum
               MARESCALLORUM
               ANGLIAE
               CATALOGUS
               .
            
             
               QUIS
               sub
               Gulielmo
               Conquestore
               sit
               donandus
               Marescalli
               titulo
               ,
               nemo
               (
               reor
               )
               certus
               affirmaverit
               .
               Non
               recepta
               enim
               videtur
               adhuc
               illa
               vox
               à
               Scriptoribus
               nostris
               :
               &
               ,
               si
               qui
               novisse
               se
               id
               Officium
               arbitrentur
               ;
               adeo
               dissonis
               tradidere
               vocibus
               ,
               ut
               Lectorem
               relegant
               dubitantem
               .
               Mentionem
               quippe
               faciunt
               de
               1
               
                 Praeposito
                 Regalis
                 Exercitus
              
               ,
               de
               
                 Principe
                 Militiae
              
               ,
               de
               
                 Magistro
                 Militum
                 ,
                 Magistro
                 Equitum
                 ,
                 Tribuno
                 Militum
                 ,
                 Tribuno
                 rei
                 militaris
                 ,
                 Tribuno
                 Exercitus
                 ,
              
               &c.
               
               Sed
               cujus
               hi
               erant
               conditionis
               ,
               Constabulariine
               an
               Marescalli
               ,
               iidem
               an
               diversi
               Officiales
               ,
               ductorumve
               tertium
               genus
               aliquod
               &
               in
               se
               distinctum
               alias
               ,
               non
               definiunt
               .
            
             
               RADULPHUS
               DE
               WACEIO
               ,
               apud
               Gulielmum
               2
               Gemeticensem
               ,
               Gulielmi
               Conquestoris
               pueri
               adhuc
               Tutor
               ,
               constituitur
               &
               
                 Princeps
                 militiae
              
               Normannorum
               ,
               &
               in
               mox
               sequenti
               capite
               altero
               
                 Magister
                 Militum
              
               appellatur
               .
            
             
               GULIELMUS
               vero
               filius
               OSBERNI
               ,
               qui
               prae
               aliis
               omnibus
               Conquestorem
               excitavit
               ad
               Anglorum
               excidium
               ,
               exercitusque
               ejus
               partem
               tertiam
               duxit
               ;
               in
               Lib.
               MS.
               
               Coenobii
               
                 de
                 Bello
                 ,
                 Tribunus
                 Militum
              
               nuncupatus
               est
               ,
               &
               alias
               
                 Tribunus
                 Normanni
                 Exercitus
              
               :
               Quod
               de
               Marescalli
               munere
               (
               fateor
               )
               intelligatur
               .
               Huntingtonio
               ,
               
                 (
                 pag.
              
               367.
               )
               
                 Dapifer
                 Ducis
              
               .
               Sed
               Eboracensis
               Fecialis
               (
               nescio
               qua
               authoritate
               fretus
               ,
               &
               in
               hoc
               à
               Vincentio
               ,
               suo
               mastice
               ,
               minime
               postulatus
               )
               expresse
               refert
               ,
               Gulielmum
               Conquestorem
               in
               
                 Anno
                 Dom.
              
               1068.
               id
               est
               regni
               sui
               1.
               vel
               .
               2.
               
               Gulielmum
               filium
               Osberni
               ,
               ob
               eximiam
               in
               militia
               navatam
               operam
               ,
               &
               Comitem
               Herefordiae
               &
               Marescallum
               Senescallumque
               Angliae
               constituisse
               .
               Certe
               ,
               non
               redarguam
               ,
               eum
               fuisse
               Marescallum
               ;
               Angliam
               autem
               tunc
               venisse
               in
               titulos
               
                 Marescalli
                 ,
                 Constabularii
              
               ,
               aut
               Senescalli
               non
               assentiar
               ▪
               Occubuisse
               vero
               dicitur
               
                 Osbernus
                 An.
                 Dom.
              
               1072.
               i.
               e.
               5.
               vel
               6.
               
               Conquestoris
               .
            
             
               HUGO
               GRANTESMALE
               à
               Fecialibus
               nostris
               in
               rimandis
               Genealogiis
               sub
               Conquestore
               inscribitur
               Marescallus
               .
               Sic
               in
               Genealogia
               Vice-Comitis
               Montecute
               :
               quo
               nixa
               fulciminae
               ,
               non
               ariolor
               .
               Et
               in
               Genealogia
               Gulielmidum
               ,
               quos
               Fitz-Williams
               appellamus
               ;
               stirpis
               Protoplastum
               ponunt
               G.
               
                 Fitz-Williams
                 sub
                 Gulielmo
                 Conquestore
                 Com.
                 Marescallum
                 Angliae
                 .
              
            
             
               
               JOHANNES
               MARESCALLUS
               .
               Suggerere
               se
               videtur
               istiusmodi
               quispiam
               in
               Testatione
               Brevis
               cujusdam
               Regis
               Henrici
               I.
               quod
               in
               Registro
               Veteri
               Ecclesiae
               Cathedralis
               Norwicensis
               legitur
               ,
               numero
               XV.
               
                 H.
                 Rex
                 Anglorum
                 ,
                 Rogero
                 Costard
                 &
                 Brumam
                 fil
                 .
                 Waring
                 ,
                 &
                 Edwardo
                 salutem
                 .
                 Praecipio
                 ,
                 &c.
                 quod
                 Monachi
                 de
                 Norwic
                 ,
                 &c.
                 T.
                 Johanne
                 Mar.
              
               (
               lego
               
                 Marescallo
                 )
                 apud
                 Theotford
              
               .
            
             
               
               GILBERTUS
               (
               à
               forti
               arcu
               cognominatus
               Strangbow
               )
               secundus
               filius
               Gilberti
               Comitis
               Clare
               ,
               creatus
               fuit
               Comes
               Palatinus
               Penbrochiae
               ann●●
               .
               Regis
               Stephani
               ,
               &
               
                 Marescallus
                 fuit
                 Palatii
              
               Regis
               ;
               obiitque
               An.
               14.
               
               Regis
               ●tephani
               .
               
               Sepelitur
               in
               Abbatia
               Tinternae
               .
               
                 [
                 Quaere
              
               :
               nam
               hic
               in
               petitione
               Margaretae
               filiae
               primogenitae
               &
               cohaeredis
               Thomae
               de
               Brotherton
               Comitis
               Norfolc
               .
               exhibita
               ,
               in
               coronatione
               Ric.
               II.
               dicitur
               fungi
               officio
               Marescalciae
               in
               Coronatione
               Henrici
               II.
               ut
               post
               aliquot
               in
               Marescalcia
               
                 Henrici
                 de
                 Percy
              
               latius
               patebit
               .
               ]
            
             
               
               RICARDUS
               DE
               HU●EZ
               sub
               hoc
               tempore
               ,
               viz.
               sub
               Henrico
               II.
               dicitur
               in
               Chron.
               Abbatiae
               de
               Bello
               ,
               
                 Tribunus
                 Regis
              
               .
            
             
               RICHARDUS
               COMES
               PEMBROCHIAE
               ,
               &
               Striguliae
               ,
               &c.
               fortissimus
               Regni
               Lemstriae
               apud
               Hibernicos
               subactor
               ,
               Dominus
               Marescallus
               &
               saevissimus
               teneri
               atque
               unici
               filii
               exenterator
               ,
               quod
               ab
               hostibus
               oppressus
               in
               patrium
               confugit
               praesidium
               .
               Sepultus
               Kilkenniae
               An.
               11●6
               .
               Dubliniam
               à
               Sidneio
               Prorege
               transfertur
               ,
               monumentoque
               donatus
               in
               Ecclesia
               S.
               —
               ,
               dislectum
               praebet
               a
               latere
               filium
               ,
               ut
               aliquando
               vidimus
               .
            
             
               WILLIELMUS
               MARESCALLUS
               REGIS
               ,
               filius
               Johannis
               ,
               &
               Gilberti
               nepos
               ,
               accipiens
               in
               uxorem
               ex
               tutelari
               dono
               Regis
               Richardi
               I.
               Isabellam
               filiam
               &
               haeredem
               dicti
               Richardi
               Comitis
               Penbrochiae
               ,
               a
               Johanne
               Rege
               in
               die
               suae
               coronationis
               Penbrochiae
               Comes
               instituitur
               ,
               &
               
                 Marescallus
                 Angliae
              
               ,
               ut
               quidam
               perhibent
               1
               .
               Mihi
               autem
               non
               videtur
               hoc
               gavisus
               titulo
               .
               Nam
               Mat.
               Paris
               Auctor
               coaetaneus
               ,
               eum
               omni
               laudum
               genere
               prosequitur
               ,
               magnumque
               appellat
               Marescallum
               ,
               sed
               (
               quod
               memini
               )
               non
               Angliae
               ,
               verum
               Regis
               ,
               Marescallum
               .
               Erat
               praeterea
               
                 Custos
                 Regis
                 &
                 Regni
              
               ,
               necnon
               summus
               Angliae
               Justitiarius
               ;
               ubi
               plura
               quaepiam
               de
               illo
               annotavimus
               .
               Placeat
               hic
               tamen
               repetitum
               ejus
               Epitaphium
               :
               
                 
                   Sum
                   quem
                   Saturnum
                   sibi
                   sensit
                   Hibernia
                   ,
                   Solem
                
                 
                   Anglia
                   ,
                   Mercurium
                   Normannia
                   ,
                   Gallia
                   Martem
                   .
                
              
               Obiit
               An.
               1219.
               4.
               
               Henr.
               III.
               &
               sepultus
               est
               in
               Novo
               Templo
               17.
               
               Kal.
               Apr.
               relicti●
               ,
               praeter
               5.
               filias
               ,
               totidem
               filiis
               ,
               qui
               in
               Marescalciam
               caeterasque
               dignitates
               succedentes
               omnes
               ,
               omnes
               sine
               sobole
               excesserunt
               ,
               viz.
               
            
             
               
               WILLIELMUS
               MARESCALLUS
               ,
               qui
               secundi
               nuptiis
               Eleanoram
               duxit
               filiam
               Regis
               Johannis
               .
               Obiit
               6.
               
               Apr.
               1231.
               15.
               
               Henr.
               III.
               
            
             
               
               RICARDUS
               MARESCALLUS
               secundus
               filius
               ,
               Anglicarum
               libertatum
               audacissimus
               assertor
               (
               ut
               habet
               Matthaeus
               Parisiensis
               )
               in
               Hibernia
               fortiter
               occubuit
               ,
               18.
               
               Henr.
               III.
               
            
             
               
               GILBERTUS
               MARESCALLUS
               tertius
               filius
               (
               Clericali
               titulo
               primum
               addictus
               )
               duxit
               Margaretam
               sororem
               Wil.
               Regis
               Scotiae
               ,
               &
               in
               hastiludio
               Hartfordiae
               ab
               effraenato
               sui
               ipsius
               equo
               interficitur
               5.
               
               Kal.
               Julii
               ,
               
                 An.
                 Dom.
              
               1241.
               25.
               
               Henr.
               III.
               Mat.
               Paris
               .
               hunc
               
                 Comitem
                 Marescallum
              
               ibidem
               vocat
               (
               pa.
               546.
               )
               Sepelitur
               in
               Novo
               Templo
               Londoniis
               .
               Stow
               in
               An.
               25.
               
               Henr.
               III.
               Dom.
               1241.
               
            
             
               
               WALTERUS
               Comes
               MARESCALLUS
               (
               quartus
               filius
               )
               
                 viam
                 universae
                 carnis
                 ingressus
                 est
                 pridu
                 Nonas
                 Decembris
                 aut
                 ut
                 alii
                 volunt
                 )
                 octavo
                 Calend.
                 Decembris
                 ,
              
               &c.
               ●nquit
               Pari●ius
               in
               An.
               Dom.
               1245.
               pa.
               665.
               )
               id
               est
               29.
               (
               vel
               ut
               alii
               volunt
               )
               3●
               .
               Henr.
               III.
               
            
             
               
               ANSELMUS
               Comes
               MARESCALLUS
               ,
               quintus
               filius
               Willielmi
               Magni
               Marescalli
               ,
               obiit
               22.
               
               Decembr
               .
               id
               est
               18.
               (
               ut
               quidam
               perhibent
               )
               post
               fratrem
               die
               ,
               quinis
               suis
               sororibus
               haereditatem
               cedens
               herciscendam
               .
            
             
               
               ROGERUS
               BIGOT
               ,
               quartus
               Comes
               Norfolciae
               illius
               cognominis
               ,
               hoc
               deinceps
               modo
               in
               Marescalciam
               successit
               .
               
                 Hugo
                 Bigot
              
               pater
               ejus
               ,
               Comes
               Norsolciae
               ,
               vel
               (
               ut
               Parisius
               habet
               )
               Orientalium
               Anglorum
               ;
               duxit
               Matildem
               primogenitam
               dictarum
               cohaeredum
               ,
               &
               obiit
               Anno
               9.
               
               Henr.
               III.
               Domini
               nostri
               1225.
               (
               ut
               refert
               Parisius
               pa.
               313.
               )
               omnibus
               uxoris
               suae
               fratribus
               jam
               tunc
               
               viventibus
               ;
               &
               Marescallus
               ideo
               jure
               uxoris
               (
               ut
               quidam
               innuit
               )
               non
               potui●
               salutari
               .
               Extincto
               autem
               Anselmo
               fratrum
               novissimo
               ,
               Anno
               29.
               vel
               30.
               
               Henr.
               III.
               divisaque
               anno
               31.
               inter
               sorores
               immensa
               ejus
               haereditate
               ,
               
                 Marescalcia
                 Angliae
              
               (
               cum
               Manerio
               de
               Hemsted
               in
               Comitatu
               Berceriae
               ,
               cui
               è
               tenura
               id
               incumbit
               officium
               ,
               &
               latifundiis
               annui
               simul
               valoris
               1120.
               librarum
               )
               in
               Matildis
               cessit
               portionem
               .
               Marescalciam
               in
               eodem
               statim
               anno
               ,
               cum
               illius
               Virga
               dignitatis
               ,
               filio
               suo
               Rogero
               supradicto
               contulisse
               dicitur
               .
               Mat.
               Par.
               in
               An.
               1246.
               qui
               30.
               
               &
               31.
               
               Henr.
               III.
               Eodem
               (
               inquit
               )
               
                 anno
                 ,
                 multiplicatis
                 intercessionibus
                 ,
                 concessa
                 est
                 Marescalcia
                 cum
                 officio
                 &
                 honore
                 ,
                 Comiti
                 Rogero
                 Bigod
                 ,
                 ratione
                 Comitissae
                 filiae
                 Comitis
                 Magni
                 Willielmi
                 Marescalli
                 primogenitae
                 uxoris
                 suae
                 .
              
               Cave
               :
               legendum
               videtur
               
                 matris
                 suae
              
               :
               nam
               Hugo
               pater
               ejus
               filiam
               duxit
               primogenitam
               Willielmi
               Magni
               Marescalli
               ,
               ut
               supra
               declaravimus
               ;
               ipse
               vero
               Isabellam
               filiam
               Willielmi
               Regis
               Scotiae
               ,
               &
               in
               hastiludio
               conquassus
               expiravit
               sine
               prole
               ,
               An.
               1269.
               
               Stowus
               Anno
               1246.
               
               Parisium
               secutus
               ,
               Rogerum
               duxisse
               ait
               filiam
               Marescalli
               :
               perperam
               .
            
             
               
               ROGERUS
               BIGOT
               ,
               ex
               Hugone
               fratre
               Justitiario
               Angliae
               Rogeri
               nepos
               in
               Norfolciae
               Comitatum
               &
               Marescalciam
               Angliae
               succedebat
               .
            
             
               
               Hic
               cum
               Regi
               Edouardi
               I.
               in
               auxilium
               Comitis
               Flandriae
               profecturo
               militiam
               contumacius
               detrectasset
               ;
               Regem
               postmodum
               ad
               gratiam
               ejus
               redintegrandam
               ,
               haeredem
               scripsit
               ;
               sponte
               tamen
               an
               coactus
               ,
               non
               satis
               liquidum
               .
               Sunt
               enim
               qui
               obaeratum
               eum
               ferunt
               fratri
               suo
               Johanni
               ,
               expertemque
               liberorum
               eidem
               cedere
               post
               dies
               suos
               patrimonium
               statuisse
               .
               Fratre
               vero
               nimia
               deposcente
               debitum
               importunitate
               ,
               indignantem
               convenisse
               cum
               Rege
               Anno
               1301.
               hunc
               &
               leniret
               ,
               illum
               ut
               perderet
               .
               Regi
               patrimonium
               cum
               Marescalcia
               transcribendum
               .
               Ea
               tamen
               conditione
               ,
               quod
               appositis
               annui
               valoris
               mille
               marcarum
               praediis
               ,
               Rex
               ei
               Norfolciae
               Comitatum
               &
               Marescalciam
               Angliae
               ad
               terminum
               vitae
               suae
               concederet
               ;
               necnon
               &
               soboli
               ,
               si
               futura
               contigeret
               ;
               Regi
               alioquin
               remansuram
               :
               &
               debita
               Rex
               praeterea
               solveret
               .
               Pactum
               alii
               impositum
               perhibent
               .
               Comes
               vero
               intra
               quadriennium
               moritur
               sine
               prole
               An.
               1305.
               1.
               penultimo
               vel
               antepenultimo
               Regis
               ;
               praeteritoque
               fratre
               ,
               pacta
               ad
               Regem
               deferuntur
               .
               Walsinghamus
               hunc
               non
               semel
               Comitem
               Marescallum
               nuncupat
               ,
               (
               pa.
               72.
               l.
               42.
               
               &
               73.
               l.
               37.
               )
               ut
               Matthaeus
               Parisiensis
               
                 Gilbertum
                 Comitem
                 Marescallum
              
               ;
               &
               Willielmus
               Marescallus
               appellatus
               erat
               Comes
               ,
               tempore
               Henr.
               II.
               non
               tamen
               cinctus
               fuit
               gladio
               Comitatus
               Striguil
               .
               donec
               Rex
               Johannes
               hoc
               ei
               praestitit
               in
               Coronatione
               sua
               :
               sic
               &
               
                 Gaufridus
                 Fitz-Peter
              
               gladio
               Comitatus
               Essexiensis
               
                 (
                 Vid.
                 Hovd
                 .
                 pa.
              
               793.
               l.
               52.
               )
               Cum
               tamen
               Comitis
               titulum
               ex
               concessione
               Principis
               nondum
               assecuti
               essent
               Marescalli
               ;
               exemplo
               
                 Tribunorum
                 scholarum
              
               in
               Jure
               Civili
               ,
               
                 Tribunus
                 Militum
              
               (
               qui
               nunc
               Marescallus
               dicitur
               )
               nomen
               &
               honorem
               Comitis
               signavit
               .
               (
               Vid.
               Cod.
               Tit.
               de
               
                 Comitibus
                 &
                 Tribunis
              
               ;
               &
               P.
               
                 Tribuni
                 scholarum
                 .
              
               )
            
             
               
               ROBERTUS
               DE
               CLIFFORD
               :
               cui
               Rex
               Edw.
               II.
               anno
               regni
               1.
               officium
               contulit
               Marescalciae
               Angliae
               ;
               ut
               patet
               Pat.
               p.
               2.
               m.
               19.
               
            
             
               
               NICOLAUS
               DE
               SEGRAVE
               eodem
               constitutus
               anno
               ,
               durante
               Regis
               beneplacito
               .
               Pat.
               p.
               2.
               m.
               22.
               
            
             
               
               
                 THOMAS
                 DE
                 BROTHERTON
                 ,
                 quintus
                 filius
                 Edouardi
                 I.
                 &
                 secundo
                 natus
                 toro
                 ,
                 creatus
                 est
                 Comes
                 Norfolciae
                 ab
                 Edouardo
                 II.
                 fratre
                 suo
                 ex
                 parte
                 patris
                 ,
                 16.
                 
                 Dec.
                 anno
                 6.
                 dicti
                 Edouardi
                 II.
              
               &
               Marescallus
               Angliae
               
                 10.
                 
                 Febr.
                 anno
                 ejusdem
                 9.
                 
                 Tenend
                 .
                 dignitatem
                 primam
                 ,
              
               sibi
               &
               haeredibus
               suis
               de
               corpore
               suo
               ,
               &c.
               alteram
               ,
               sibi
               &
               haeredibus
               Masculis
               de
               corpore
               suo
               legitime
               procreatis
               ;
               
                 ut
                 testatur
                 Charta
                 Regia
                 eandem
                 concedens
                 in
                 haec
                 verba
              
               —
               Dilecto
               &
               fideli
               nostro
               Thomae
               de
               Brotherton
               Comiti
               Norfolk
               .
               fratri
               nostro
               charissimo
               Marescalciam
               Angliae
               cum
               omnibus
               ad
               Marescalciam
               illam
               pertinentibus
               .
               Habendum
               &
               tenendum
               sibi
               &
               haeredibus
               masculis
               de
               corpore
               suo
               legitime
               procreatis
               ,
               &c.
               faciendo
               inde
               nobis
               &
               haeredibus
               nostris
               servicia
               quae
               progenitoribus
               nostris
               inde
               debebantur
               ,
               antequam
               eadem
               Marescalcia
               ad
               manus
               Domini
               E.
               quondam
               Regis
               Angliae
               patris
               nostri
               ,
               per
               donationem
               &
               remissionem
               Rogeri
               le
               Bygod
               quondam
               Comitis
               Norff.
               &
               Marescalli
               
               Angliae
               d●venit
               ,
               &c.
               Dat.
               per
               manum
               nostram
               apud
               Lincoln
               .
               10.
               die
               Febr.
               anno
               regni
               nostri
               nono
               .
               
                 Obiit
                 hic
                 Thomas
                 anno
                 duodecimo
                 Edw.
                 III.
                 Gratiae
                 1338.
                 relicta
                 sobole
                 ,
                 Edouardo
                 ,
                 Margareta
                 ,
                 &
                 Alicia
                 .
              
            
             
               
               EDOUARDUS
               Comes
               Norfolciae
               &
               Marescallus
               Angliae
               ,
               pupillari
               moritur
               in
               custodia
               ;
               trans●unte
               ad
               sorores
               patrimonio
               .
            
             
               WILLI●●M●S
               MONTACUTE
               .
               Vincent
               .
               pa.
               340.
               
            
             
               
               THOMAS
               BEAUCHAMP
               decimus
               quartus
               Comes
               Warwic
               .
               Anno
               1337.
               qui
               respicit
               Annum
               11.
               &
               initium
               12.
               
               Edwardi
               tertii
               ,
               factus
               est
               (
               inquit
               Yorckus
               ,
               pa.
               577.
               )
               Marescallus
               Angliae
               ab
               Edouardi
               III.
               durante
               placito
               .
               Obiit
               34.
               ●jusd
               .
               Edward●
               ▪
               
                 [
                 Vide
                 :
                 nam
                 hoc
                 non
                 convenit
                 cum
                 ultimis
                 supra
                 .
                 ]
              
               (
               Spelm.
               )
            
             
               
               ROGERUS
               MORTIMER
               Comes
               Marchiae
               11.
               
               Marescallus
               erat
               Angliae
               34.
               
               Edw.
               III.
               ut
               patet
               Original
               .
               34.
               
               Ed.
               III.
               Rot.
               16.
               
            
             
               
               THOMAS
               BE●UCHAMP
               Comes
               Warwicensis
               ,
               ad
               placitum
               .
               Dat.
               16.
               
               Octob.
               4●
               .
               Edw.
               III.
               Pat.
               p.
               2.
               m.
               16.
               
            
             
               
               EDMUNDUS
               MORTIMER
               ,
               Comes
               Marchiae
               ,
               sub
               annis
               novissimis
               Edwardi
               III.
               Angliae
               fru●tur
               Marescalcia
               ;
               sed
               quo
               nixus
               jure
               ,
               nondum
               reperi
               .
               Anno
               vero
               Domini
               1376.
               
               Regis
               Edw.
               III.
               50.
               jussus
               a
               Johanne
               Duce
               Lancastriae
               (
               qui
               jam
               torpente
               sen●o
               Rege
               primas
               obtinuit
               )
               ut
               tuendae
               Calisiae
               gratia
               in
               partes
               cederet
               transmarinas
               ;
               veritus
               machinationis
               quidpiam
               sibi
               impendere
               ,
               Marescalc●●
               virgam
               cum
               officio
               Duci
               reddidit
               .
               Is
               laetanter
               hanc
               accipiens
               ,
               ●am
               protinus
               familiari
               suo
               
                 Henrico
                 de
                 Percy
              
               (
               quem
               Hotspur
               appellabant
               )
               tradidit
               .
               Stow.
               ibid.
               —
               Dicitur
               Marescallus
               Angliae
               in
               Commissione
               in
               Casu
               judicandi
               inter
               Thomam
               Moore
               &
               Rad.
               Basset
               concessa
               Guidoni
               Brian
               &
               Richardo
               Stafford
               ,
               anno
               48.
               
               Edw.
               III.
               Pat.
               p.
               2.
               m.
               20.
               dors
               .
            
             
               
               HENRICUS
               PERCY
               sic
               ut
               diximus
               Marescallus
               salutatur
               anno
               50.
               
               Edw.
               III.
               jam
               tum
               languescentis
               &
               anno
               proximo
               morientis
               .
            
             
               
               
                 HENRICUS
                 DE
                 PERCY
                 non
                 de
                 jure
                 ,
                 sed
                 ●
                 Regis
                 beneplacito
                 designatus
                 est
                 in
                 Coronatione
                 Richardi
                 secundi
                 ,
              
               Marescallus
               Angliae
               ;
               
                 pendente
                 tunc
                 de
                 jure
                 controversia
                 .
                 Margareta
                 quippe
                 filia
                 primogenita
                 &
                 haeres
                 altera
                 dicti
                 Thomae
                 Comitis
                 Norfolciae
                 in
                 Processu
                 facto
                 ad
                 istius
                 Regis
                 Coronationem
                 ,
                 petitionem
                 hanc
                 exhibuit
                 .
              
               A
               tres
               honore
               Seigneur
               le
               Roi
               de
               Castele
               &
               de
               L●on
               Duc
               de
               Lancastre
               &
               Seneschall
               d
               ▪
               Engleterre
               ,
               supplie
               Margarete
               file
               &
               h●●re
               Thomas
               de
               Brotherton
               nadgairs
               Counte
               de
               Norff.
               &
               Marescall
               d'
               Engl●terre
               d
               estre
               acceptee
               al
               Office
               de
               Marescalcie
               ore
               al
               Coronement
               nostre
               Seigneur
               le
               Roy
               ,
               come
               a
               son
               droit
               heritage
               apres
               la
               mort
               le
               dit
               Thomas
               son
               Piere
               ,
               fesant
               l'
               Office
               per
               son
               Depute
               ,
               come
               Gilbert
               Mar●schall
               Counte
               de
               Strogoile
               fist
               al
               Coronement
               le
               Roy
               Henry
               s●cond
               .
               C●st
               assauoire
               d●
               p●ser
               debatz
               en
               meson
               le
               Roy
               au
               jour
               de
               Coronement
               ,
               &
               ●
               faire
               liveree
               des
               h●rbergages
               ,
               &
               de
               garder
               les
               oesses
               del
               chambre
               l●
               Roy
               ,
               pernant
               de
               chescun
               Baron
               &
               Counte
               ●at●z
               Chiualer
               a
               c●l
               jour
               ,
               un
               palfrey
               one
               une
               selle
               .
            
             
               Sup●r
               quo
               
                 (
                 inquiunt
                 membranae
                 Regiae
              
               )
               audita
               petitione
               praedicta
               ,
               dictum
               fuit
               pro
               Domino
               Rege
               i●idem
               :
               quod
               officium
               illud
               in
               persona
               Domini
               Regis
               in
               feodo
               remansit
               ,
               ad
               assignandum
               &
               contulendum
               cuicunque
               ipsi
               Regi
               placeret
               :
               &
               super
               hoc
               auditis
               tam
               pro
               Domino
               Rege
               quam
               pro
               praefata
               Comitissa
               pluribus
               rationibus
               &
               allegationibus
               in
               hac
               parte
               ,
               pro
               ●o
               quod
               videbatur
               Curiae
               ,
               quod
               sinalis
               discussio
               negotii
               praedictis
               ,
               propter
               temporis
               brevitatem
               ,
               ante
               Coronationem
               praedictam
               fieri
               non
               potuit
               ;
               Henricus
               de
               Percy
               ex
               assensu
               &
               praecepto
               ipsius
               Regis
               assignatus
               fuit
               ad
               officium
               praedictum
               faciendum
               ,
               percipiendo
               feoda
               debita
               &
               consueta
               ,
               salvo
               jure
               cujuslibet
               ,
               &
               sic
               idem
               Henricus
               officium
               illud
               perfecit
               .
               
                 Hac
                 scilicet
                 vice
                 ;
                 non
                 diuturnus
              
               Marescallus
               .
            
             
               Sed
               quaere
               ,
               quo
               Margareta
               nitebatur
               titulo
               ,
               cum
               officium
               patri
               suo
               &
               haeredibus
               de
               corpore
               suo
               tantum
               masculis
               ut
               supra
               patet
               )
               conferretur
               ?
            
             
               
               JO.
               FITZ-A●AN
               Dominus
               Maltravers
               .
               —
            
             
               
               THO.
               HO●LAND
               —
            
             
               
               Sub
               ultima
               medietate
               Junii
               ,
               cum
               Rex
               
                 Gulielmum
                 Walworth
              
               Praetorem
               ●ondinensem
               Equ
               .
               auratum
               constituit
               ,
               creavit
               etiam
               (
               inquit
               Stowus
               )
               super
               monte
               versus
               Iseldoune
               Comites
               Marescallum
               &
               Penb.
               (
               pa.
               463.
               )
               
                 (
                 Quaere
              
               ,
               quis
               hic
               fuit
               ?
               )
            
             
             
               
               THOMAS
               Dominus
               de
               MOUBRAY
               ,
               filius
               (
               &
               post
               mortem
               Johannis
               fratris
               sui
               )
               haeres
               Elizabethae
               utriusque
               corum
               matris
               ,
               filiae
               &
               haeredis
               Johannis
               Domini
               Segrave
               &
               Margaretae
               praedictae
               Ducissae
               Norfolciae
               ,
               filiae
               &
               haeredis
               Tho.
               de
               Brotherton
               praedicti
               ;
               creatus
               est
               à
               Ric.
               II.
               anno
               regni
               sui
               6.
               
               Comes
               Nottingham
               .
               Et
               cum
               huc
               usque
               ,
               Domini
               tantum
               Marescalli
               in
               Chartis
               Regiis
               nuncuparentur
               ,
               iste
               *
               primus
               per
               chartam
               ejusdem
               Regis
               ,
               dat
               .
               12.
               
               Jan.
               regni
               9.
               titulo
               investitus
               est
               COMITIS
               MARESCALLI
               ANGLIAE
               ,
               tenendum
               sibi
               &
               haeredibus
               masculis
               de
               corpore
               suo
               exeuntibus
               .
               Anno
               deinceps
               21.
               ejusdem
               Regis
               ,
               evectus
               est
               in
               aviae
               dignitatem
               ,
               Ducem
               scil
               .
               Norfolciae
               :
               sed
               haud
               multo
               post
               in
               exilium
               relegatus
               ,
               Venetiis
               obiit
               ,
               An.
               1400.
               1.
               
               Henrici
               IV.
               suscitavit
               prolem
               ,
               
                 Thomam
                 ,
                 Johannem
                 ,
                 Isabellam
                 ,
                 &
                 Margaretam
                 ,
              
               omnes
               Marescalciae
               functos
               dignitate
               ,
               vel
               in
               seipsis
               ,
               vel
               in
               sobole
               .
            
             
               
               THOMAS
               HOLLAND
               Comes
               Cantii
               ,
               filius
               Thomae
               Holland
               Comitis
               Cantii
               ,
               &
               fratris
               uterini
               Regis
               Ricardi
               II.
               ab
               eodem
               Rege
               anno
               regni
               sui
               21.
               creatus
               est
               Dux
               Surriae
               :
               &
               ad
               cognoscendum
               de
               lite
               militari
               jam
               tum
               exorta
               inter
               Henricum
               Ducem
               Herefordiae
               ,
               Appellantem
               ;
               &
               Thomam
               Moubray
               Ducem
               Norfolciae
               Comitem
               Marescallum
               Angliae
               ,
               partem
               ream
               ;
               mox
               itemque
               factus
               est
               hac
               vice
               
                 Marescallus
                 Angliae
              
               ,
               Aumarliense
               Duce
               tunc
               agente
               Constabulario
               .
               York
               ,
               pag.
               9.
               284.
               
               &
               528.
               
               Hol.
               493.
               b.
               40.
               494.
               b.
               30.
               
            
             
               
               JO.
               MONTAGUE
               Comes
               Sarisburiensis
               .
            
             
               
               THOMAS
               MOUBRAY
               ,
               mortuo
               in
               exilio
               patre
               ,
               Dux
               Norfolciae
               &
               
                 Comes
                 Marescallus
              
               Angliae
               salutatur
               .
               Sexto
               vero
               anno
               Henrici
               IV.
               capite
               mulctatus
               ,
               sine
               prole
               excessit
               .
            
             
               
               RADULPHUS
               NEVILL
               Comes
               Westmerland
               .
               21.
               
               Ric.
               II.
               &
               Richmundiae
               1.
               
               Henr.
               IV.
               fuit
               Comes
               Marescallus
               Angliae
               .
               Obiit
               4.
               
               Henry
               VI.
               1425.
               
               
                 York
                 .
                 —
                 Vincent
              
               .
               pa.
               340.
               
            
             
               
               THO.
               ERPINGHAM
               Commissarius
               ad
               exequendum
               officium
               Marescalli
               Angliae
               .
               Pat.
               p.
               1.
               m.
               30.
               
            
             
               
               JOHANNES
               MOWBRAY
               ,
               Thomae
               senioris
               secundus
               filius
               restituitur
               Comes
               Nottingham
               &
               Comes
               Marescallus
               Angliae
               ,
               anno
               primo
               Henrici
               V.
               &
               deinceps
               anno
               tertio
               Henrici
               VI.
               
                 Dux
                 Norfolciae
              
               in
               Parliamento
               restitutus
               est
               .
               Obiit
               Anno
               Domini
               1432.
               ut
               York
               dicit
               pa.
               391.
               vel
               An.
               1434.
               ut
               dicit
               pa.
               347.
               
               Vid.
               Vincent
               .
               ibid.
               
            
             
               
               JOHANNES
               MOWBRAY
               filius
               dicti
               Johannis
               ,
               Dux
               Norfolciae
               &
               Comes
               Marescallus
               Angliae
               ,
               fato
               cessit
               anno
               primo
               Edwardi
               IV.
               Domini
               nostri
               1461.
               
            
             
               THOMAS
               HOLLAND
               ,
               Marescallus
               Angliae
               ,
               durante
               minore
               aetate
               dicti
               Johannis
               ;
               factus
               anno
               11.
               
               Henrici
               sexti
               .
               Pat.
               p.
               1.
               m.
               20.
               
            
             
               
               JOHANNES
               MOWBRAY
               ,
               vivente
               patre
               suo
               ,
               creatus
               est
               ab
               Henrico
               VI.
               
                 Comes
                 Warren
                 .
                 &
                 Surriae
              
               ,
               eidemque
               morienti
               successit
               Dux
               Norfolciae
               &
               Comes
               Marescallus
               Angliae
               .
               Interiit
               An.
               Dom.
               1475.
               15.
               
               Edw.
               IV.
               unica
               suscepta
               filia
               &
               haerede
               ,
               Anna
               nomine
               .
            
             
               RICARDUS
               Dux
               EBORACENSIS
               secundus
               filius
               Regis
               Edouardi
               IV.
               duxit
               praedictam
               Annam
               ,
               filiam
               &
               haeredem
               ultimi
               Johannis
               Mowbray
               ,
               &
               jure
               ejus
               ,
               fuit
               Comes
               Marescallus
               Angliae
               ,
               quod
               haec
               dignitas
               ad
               foeminas
               transiit
               haeredes
               de
               corpore
               Thomae
               Mowbray
               ;
               non
               autem
               Dux
               Norfolciae
               ,
               quod
               haec
               tantum
               masculis
               cedebatur
               .
               Iste
               Dux
               Ricardus
               cum
               fratre
               suo
               Rege
               Edouardi
               V.
               à
               Ricardo
               Duce
               Glocestriae
               avunculo
               eorum
               ,
               nefandissima
               in
               Turri
               Londinensi
               morte
               obruitur
               ,
               An.
               Dom.
               1483.
               nullaque
               suscitata
               prole
               ,
               ipsa
               etiam
               Anna
               extinguitur
               .
            
             
               
               GULIELMUS
               Dominus
               BERKELEY
               ,
               filius
               Jacobi
               Domini
               Berkeley
               &
               Isabellae
               uxoris
               suae
               ,
               filiae
               Thomae
               Domini
               Mowbray
               Ducis
               Norfolciae
               ,
               primi
               Comitis
               Marescalli
               Angliae
               ;
               anno
               1.
               
               Ric.
               III.
               factus
               est
               Comes
               Nottingham
               &
               Comes
               Marescallus
               Angliae
               ;
               &
               4.
               
               Henrici
               VII
               .
               Marchio
               de
               Berkeley
               .
               Exhalavit
               sine
               prole
               ,
               anno
               7.
               ejusdem
               Regis
               Henrici
               .
            
             
               JOHANNES
               HOWARD
               Eques
               Auratus
               (
               filius
               Roberti
               Howard
               Equitis
               
               Aurati
               &
               Margaretae
               uxoris
               suae
               ,
               filiae
               &
               demum
               cohaeredis
               Thomae
               Mowbray
               senioris
               Ducis
               Norfolciae
               &
               primi
               Comitis
               Marescalli
               Angliae
               ,
               utpote
               consanguineus
               &
               alter
               haeredum
               dictae
               Annae
               Ducissae
               Eboracensis
               ;
               )
               constitutus
               est
               a
               Richardo
               III.
               Dux
               Norfolciae
               &
               Comes
               Marescallus
               Angliae
               :
               proque
               Rege
               suo
               fortiter
               dimicans
               in
               Bosworthensi
               praelio
               ,
               una
               cum
               eodem
               ,
               votis
               &
               fato
               conjunctus
               ,
               interfectus
               est
               .
               Extincto
               autem
               ad
               hunc
               modum
               ,
               Ducatus
               ejus
               Norfolciae
               &
               Marescalcia
               Angliae
               ad
               fiscum
               rediguntur
               ;
               filiusque
               ejus
               &
               haeres
               
                 Thomas
                 Howard
              
               ▪
               qui
               a
               Richardo
               III.
               eodem
               tempore
               factus
               est
               Surregiae
               Comes
               ,
               quo
               &
               pater
               Dux
               Norfolciae
               )
               licet
               jure
               gentium
               &
               naturae
               ,
               domini
               sui
               Regis
               &
               patris
               signa
               insecutus
               esset
               ,
               a
               victore
               tamen
               Rege
               Henrico
               VII
               .
               arce
               Londoniensi
               mancipatus
               coërcetur
               ;
               sed
               nullo
               interea
               Marescalciae
               designato
               .
            
             
               THO.
               HOWARD
               tertius
               Dux
               .
            
             
               THO.
               HOWARD
               ,
               heros
               fortissimus
               (
               quem
               ut
               verbo
               non
               transeam
               
                 Virtuti
                 Sacrum
              
               prohibet
               )
               creatus
               est
               Surriae
               Comes
               a
               Richardo
               III.
               cum
               &
               Joh.
               pater
               ejus
               in
               Ducem
               promovetur
               Norfolciae
               .
               Ipsis
               vero
               Rege
               &
               patre
               in
               Bosworthi
               praelio
               corruentibus
               ;
               hic
               inter
               medias
               acies
               virtute
               dextrae
               sospes
               emicuit
               .
               Captus
               autem
               a
               Victore
               Rege
               Henrico
               septimo
               ,
               in
               arcem
               Londinensem
               detruditur
               :
               sed
               ob
               eximiam
               probitatem
               ,
               prudentiam
               ,
               &
               fortitudinem
               ,
               ab
               eodem
               Henrico
               post
               triennium
               evocatur
               ;
               &
               ad
               debellandum
               hostes
               suos
               in
               praelia
               
                 Lincolnense
                 ,
                 —
                 &
                 Bambregense
              
               emissus
               ,
               omnia
               adeo
               strenue
               gessit
               ,
               ut
               in
               tractu
               Boreali
               tam
               ad
               compescendos
               Provinciales
               quam
               ad
               Scotos
               conterendos
               ,
               Vicarius
               Regis
               designatur
               .
               Hoc
               ut
               auspicatius
               exequeretur
               ,
               in
               ipso
               utriusque
               regni
               limine
               se
               constituit
               ;
               Anglis
               à
               tergo
               clypeum
               tutelarem
               ,
               Scotis
               à
               fronte
               gladium
               formidabilem
               .
               Contritis
               his
               ,
               &
               pacatis
               illis
               ,
               ad
               Regem
               gratus
               
               regreditur
               .
               Fit
               Angliae
               Thesaurarius
               &
               ad
               paternam
               dignitatem
               Comitis
               Marescalli
               Angliae
               restituitur
               .
               Rex
               moritur
               ;
               succedit
               filius
               ejus
               Henricus
               VIII
               .
               qui
               in
               Galliam
               ,
               cum
               illustri
               exercitu
               proficiscens
               ,
               Nobilitatem
               pene
               omnem
               una
               abducit
               .
               Veteris
               autem
               hostis
               memor
               ,
               Comitem
               denuo
               praeficit
               cum
               armatis
               copiis
               tractui
               Boreali
               ;
               ut
               quae
               in
               absentia
               sua
               moliretur
               Scotus
               ,
               praesto
               oppugnaret
               .
               Rex
               Scotiae
               Jacobus
               quartus
               ,
               ansam
               ex
               absentia
               Regis
               tempestive
               comprehendendam
               ratus
               ,
               Angliam
               cum
               ingenti
               exercitu
               ingreditur
               .
               Occurrit
               Comes
               in
               limite
               :
               pugnatur
               acerrime
               .
               Ruit
               Scotorum
               exercitus
               atque
               una
               Rex
               ipse
               ,
               2.
               
               Episcopi
               ,
               11.
               
               Comites
               ,
               17.
               
               Barones
               ,
               400.
               
               Equites
               aurati
               ,
               minoris
               autem
               Nobilitatis
               &
               gregariae
               multitudinis
               17000.
               cadentibus
               interea
               quamplurimis
               Anglorum
               .
               Captis
               deinde
               Scotorum
               castris
               ,
               cum
               machinis
               pyreis
               &
               suppellectili
               bellico
               ,
               firmatisque
               omnibus
               ad
               regionis
               pacem
               conducentibus
               ,
               Londinum
               regreditur
               ;
               reversoque
               è
               Gallia
               Regi
               Henrico
               inimici
               (
               licet
               fratris
               conjugalis
               )
               cadaver
               &
               opima
               spolia
               pacis
               &
               victoriae
               symbola
               proponebat
               .
               Laetus
               Rex
               è
               duplici
               palma
               ;
               illa
               quam
               à
               Gallis
               ipsemet
               feliciter
               ,
               ista
               quam
               à
               Scotis
               Comes
               fortissime
               detulit
               ;
               Comiti
               reddit
               Ducatum
               Norfolciae
               ;
               latifundia
               confert
               :
               &
               ut
               ipse
               pariter
               &
               nepotes
               de
               tanta
               victoria
               triumpharent
               ,
               Emblema
               clypei
               interfecti
               Regis
               in
               diagonio
               clypei
               Howardotum
               gerendum
               perpetuo
               designavit
               .
            
             
               Pace
               inter
               Reges
               Angliae
               &
               Franciae
               composita
               ,
               delegatur
               jam
               hic
               idem
               Dux
               Norfolciae
               in
               Franciam
               ,
               cum
               Maria
               sorore
               Regis
               Henrici
               ,
               Regi
               Franciae
               Ludovico
               desponsanda
               .
               Et
               transeuntibus
               deinde
               Rege
               &
               Regina
               Angliae
               in
               Aquitania
               ,
               ad
               salutandum
               Regem
               &
               Reginam
               Franciae
               ;
               hic
               totius
               Angliae
               Prorex
               constituitur
               ,
               &
               Mariae
               tutor
               Principis
               infantulae
               .
               Tandem
               à
               Curia
               &
               Consiliis
               Regis
               per
               licentiam
               secedens
               octogenarius
               ,
               residuo
               vitae
               pie
               ac
               placide
               exacto
               ,
               in
               castro
               suo
               Framingamiae
               migravit
               ad
               Dominum
               .
            
             
               
               EDOUARDUS
               SEIMOUR
               Dux
               Somersetensis
               ,
               à
               nepote
               suo
               Rege
               Edouardo
               VI.
               &
               Thesaurarius
               factus
               est
               &
               Marescallus
               Angliae
               ;
               bellum
               jam
               adversus
               Scotos
               sub
               initio
               Regis
               suscepturus
               ;
               Thoma
               Duce
               Norfolciae
               ,
               priori
               Marescallo
               ,
               Turri
               interea
               coërcito
               .
            
             
               JOHANNES
               DUDLEY
               Dux
               Northumbriae
               .
            
             
             
               
               THOMAS
               HOWARD
               in
               avitos
               Majorum
               titulos
               à
               Regina
               Maria
               post
               deliquium
               suscitatus
               ,
               quartus
               Dux
               Norfolciae
               hujus
               nominis
               
                 Comes
                 Marescallus
                 Angliae
              
               efficitur
               .
               Nuptias
               vero
               ambiens
               Mariae
               Reginae
               Scotiae
               ,
               cum
               à
               Regina
               Elizabetha
               prohiberetur
               ,
               fataliter
               recidit
               .
            
             
               GEORGIUS
               TALBOT
               ,
               Comes
               Salopiae
               ,
               qui
               in
               proscriptione
               Thomae
               Ducis
               Norfolciae
               novissimi
               ,
               functus
               est
               officio
               magni
               Seneschalli
               Angliae
               ;
               post
               sublatum
               eundem
               ,
               Marescalli
               insignitur
               munere
               .
            
             
               ROBERTUS
               D'
               EUREUX
               ,
               Comes
               Essexiae
               &
               Augiae
               ,
               Vice-Comes
               Bourchier
               ,
               multisque
               praeterea
               illustris
               dignitatibus
               .
               Populi
               ab
               ephebis
               desiderium
               fuit
               ,
               etiam
               Aulae
               ,
               &
               ipsius
               aliquando
               Reginae
               Elizabethae
               .
               In
               Hispaniam
               missus
               cum
               exercitu
               ,
               &
               una
               Carolus
               Howard
               Baro
               Effinghamiae
               magnus
               Angliae
               Admiralius
               ,
               imperio
               pares
               ,
               Caletem
               diripiunt
               ,
               spoliumque
               ingens
               referentes
               ,
               hic
               Nottinghamiae
               Comitatu
               ,
               ille
               Comitiva
               Marescalcia
               Angliae
               ad
               vitae
               terminum
               insignitur
               .
               Altero
               post
               haec
               anno
               ,
               Comes
               Essexius
               in
               Hiberniam
               Prorex
               delegatur
               ,
               ad
               Tironensium
               motus
               compescendos
               .
               Re
               vero
               parum
               integre
               administrata
               ,
               Reginae
               contrahit
               indignationem
               ,
               quam
               ut
               mulceat
               ,
               propere
               advolat
               :
               sed
               desperata
               spe
               ,
               ad
               arma
               provocat
               ;
               &
               ausis
               decidens
               ,
               mulctatur
               capite
               ,
               25.
               
               Feb.
               1600.
               
               Eliz.
               42.
               
               Sic
               ad
               fiscum
               rediit
               Marescalcia
               .
            
             
               THOMAS
               HOWARD
               è
               filio
               nepos
               Thomae
               ultimi
               Ducis
               Norfolciae
               (
               Comes
               Arundeliae
               &
               Surregiae
               ,
               Comitumque
               omnium
               *
               Britannicorum
               Primicerius
               ;
               Baroniarum
               onustus
               titulis
               ,
               Eques
               Periscelidis
               ,
               Regiae
               Majestati
               à
               Consiliis
               ,
               &c.
               heros
               natus
               ad
               ornamentum
               Reipublicae
               ,
               veteris
               exemplar
               prudentiae
               &
               Romanae
               gravitatis
               ;
               )
               donatus
               fuit
               avita
               
                 Comitis
                 Marescalli
                 Angliae
              
               dignitate
               &
               virga
               aurea
               ,
               à
               Jacobo
               Rege
               ,
               ad
               vitae
               terminum
               possidenda
               .
            
          
           
             
             
               DE
               MILITE
               DISSERTATIO
               .
            
             
               MILES
               à
               mille
               ,
               ut
               perhibent
               ;
               nec
               probo
               ,
               nec
               corrigo
               .
               Is
               autem
               est
               ,
               qui
               in
               militiam
               legitime
               conscribitur
               :
               sed
               transfertur
               nomen
               ad
               Civiles
               aliquot
               Magistratus
               ,
               officiales
               ,
               ministros
               ,
               famulos
               ;
               de
               quibus
               dicemus
               ,
               cum
               Militares
               absolverimus
               .
               Conscriptio
               duplex
               ,
               Pl●b●●a
               ,
               seu
               
                 Gregaria
                 ;
                 &
                 Honoraria
              
               .
               De
               Gregario
               milite
               ,
               plurimis
               licet
               honestato
               privilegiis
               in
               Jure
               Caesareo
               ,
               nos
               hic
               non
               agimus
               .
               Honoratus
               est
               ,
               qui
               honoraria
               aliqua
               solennitate
               in
               ordinem
               ascribitur
               Militarem
               .
            
             
               Ejus
               multiplex
               in
               appellatio
               .
               Brito
               in
               Synonimis
               :
               
                 
                   Miles
                   ,
                   Eques
                   ,
                   Tyro
                   ,
                   Tyrunculus
                   ,
                   atque
                   Quirites
                   ,
                
                 
                   Atque
                   Neoptolemus
                   novus
                   est
                   regnator
                   in
                   illis
                   .
                
              
               Valla
               &
               plures
               alii
               Decurionem
               nuncupari
               volunt
               :
               &
               addantur
               pari
               licent●a
               Equitum
               Romanorum
               antiqua
               nomina
               :
               Celeres
               ,
               sub
               Romulo
               &
               Regibus
               ,
               a
               celeritate
               in
               praelio
               :
               Flexumines
               ,
               à
               flectendis
               equis
               milita●●bus
               ;
               qui
               &
               postmodum
               Trossuli
               ,
               quod
               sine
               peditum
               auxilio
               Trossulum
               ,
               urbem
               in
               Tuscia
               ,
               cepissent
               .
               Adjiciatur
               &
               recentius
               è
               Feudistis
               subvavasor
               ;
               ab
               Anglo-Saxonibus
               Thanus
               ,
               &
               quod
               Thanum
               (
               vernaculumque
               nostrum
               knight
               )
               Latine
               sonat
               ,
               Minister
               .
               De
               prioribus
               dicant
               Academici
               ;
               nos
               de
               reliquis
               suo
               loco
               .
               Nostra
               autem
               sic
               annectentur
               ad
               illa
               Britonis
               :
               
                 
                   Flexumines
                   ,
                   Celeres
                   ,
                   Decurio
                   ,
                   Trossulus
                   olim
                   ,
                
                 
                   Nuperius
                   Thanus
                   ,
                   Subvavasor
                   ,
                   atque
                   Minister
                   .
                
              
               Miles
               vero
               ,
               a
               militantibus
               in
               genere
               :
               Eques
               ,
               à
               specie
               ;
               quod
               equo
               merebat
               .
               Valla
               tamen
               .
               Miles
               (
               inquit
               )
               
                 proprie
                 qui
                 pedibus
                 militat
                 ,
                 dicitur
                 ,
                 Eques
                 ,
                 qu●
                 equo
                 .
              
               Et
               dum
               Militis
               nomen
               perperam
               his
               impositum
               causatur
               quos
               dignatione
               afficimus
               ,
               eos
               mavult
               Decuriones
               nuncupari
               ;
               quod
               Duarenus
               nomen
               atque
               alii
               ad
               Majores
               item
               Villarum
               transferentes
               ,
               vocem
               destituunt
               certa
               signicatione
               .
               Vallae
               tamen
               approbat
               Bebellius
               in
               Commentariis
               de
               abusione
               Linguae
               ,
               &
               multa
               congerit
               adversus
               Interpretes
               qui
               hos
               appellant
               Milites
               :
               ut
               Tiraquellus
               item
               Vir
               doctissimus
               in
               Consuetud
               .
               Picta
               .
               Tit.
               1●
               .
               §
               .
               ult
               .
               Gloss
               .
               2.
               
            
             
               Tyro
               ,
               miles
               novitus
               ;
               cujus
               tamen
               est
               (
               ut
               docet
               Cicero
               ,
               Tuse
               .
               2.
               )
               
                 ferre
                 labor●m
                 &
                 vulnus
                 contemnere
              
               .
            
             
               
                 Tyrunculus
                 ,
                 tyro
                 rudior
                 .
              
            
             
               Quirites
               ;
               eur
               ,
               non
               teneo
               :
               nullius
               enim
               ordinis
               suit
               ;
               sed
               commune
               Romanorum
               nomen
               ,
               à
               Quirino
               ,
               i.
               e.
               Romulo
               .
               Sed
               Quirinus
               ipse
               ,
               à
               quiris
               ,
               Hastam
               ▪
               Sabinorum
               lingua
               )
               significante
               tanquam
               hastatus
               dicitur
               :
               Ovid.
               Fast
               .
               
                 
                   Hasta
                   ,
                   Quiris
                   ,
                   priscis
                   est
                   dicta
                   Sabinis
                   .
                
              
               Quirites
               igitur
               dicantur
               Milites
               nostri
               ,
               velut
               Marti●
               &
               hastat●
               .
               Certissimum
               est
               ,
               vocem
               receptam
               est
               600.
               hinc
               annis
               pro
               
                 Milite
                 honorato
              
               ;
               Ingulphumque
               Saxonem
               ideo
               dixisse
               
                 Quiritem
                 degenerem
              
               ut
               Virgilius
               ,
               
                 degenerem
                 Neoptolemum
              
               )
               pro
               Milite
               non
               legitimo
               .
            
             
             
               Neoptolemus
               enim
               à
               
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
              
               ,
               i.
               e.
               novus
               &
               
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
              
               alias
               
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
              
               bellum
               ;
               quasi
               
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
              
               
                 novus
                 bellator
              
               seu
               
                 miles
                 novitius
              
               ;
               Pyrrhoque
               Achillis
               filio
               ideo
               impositum
               nomen
               ,
               quod
               ad
               Trojanum
               bellum
               (
               a
               knight
               )
               id
               est
               ,
               puer
               venerat
               .
            
             
               Et
               Equiti
               adjungi
               solet
               Aurati
               Epitheton
               ;
               non
               ab
               aureis
               Equitum
               Romanorum
               annulis
               ,
               ut
               multi
               suspicantur
               ;
               sed
               ab
               auratis
               calcaribus
               quibus
               insignitur
               denuo
               (
               ut
               inferius
               dicemus
               )
               Eques
               hic
               noster
               .
               Franciscus
               enim
               Philelphus
               ,
               qui
               floruit
               Anno
               1480.
               
               (
               Eques
               ipsemet
               auratus
               )
               appellationem
               primus
               comperit
               ;
               ut
               in
               Lib.
               Epistolar
               .
               24.
               ca.
               1.
               ad
               Albertum
               Parrisium
               profitetur
               .
               In
               hoc
               autem
               magis
               videatur
               necessarium
               ,
               quod
               apud
               Gallos
               ,
               insigniores
               utique
               Magistratus
               (
               ut
               Loysaeus
               mihi
               Auctor
               est
               )
               Chevaliers
               ;
               apud
               Neapolitanos
               ,
               sui
               quique
               Nobiles
               (
               ut
               Amiratus
               perhibet
               )
               Cavallieri
               ,
               (
               id
               utrisque
               est
               Equites
               )
               appellentur
               ;
               licet
               Equestrem
               non
               obtinuerint
               institutionem
               .
               Sed
               hos
               pariter
               auratos
               forsitan
               appellaverint
               .
               
                 (
                 Qu.
              
               )
            
             
               Ferunt
               etiam
               nonnulli
               (
               mihi
               nescio
               an
               imponentes
               )
               Imperatorem
               aliquoties
               eruditionis
               &
               id
               generis
               causarum
               Equites
               instituere
               ,
               qui
               non
               habentur
               
                 Milites
                 honorati
              
               :
               ut
               item
               Comites
               inferioris
               gradus
               ,
               de
               quibus
               diximus
               in
               suo
               loco
               :
               &
               Professores
               similiter
               Juris
               Civilis
               dici
               
                 Equites
                 Auratos
              
               cum
               20.
               annos
               in
               eodem
               studio
               emensi
               fuerint
               .
               Sed
               haec
               ego
               per
               transennam
               ,
               de
               exoticis
               .
            
             
               Militem
               nostrum
               seu
               
                 Equitem
                 Auratum
              
               à
               Romano
               Equite
               non
               deducimus
               .
               Ille
               totus
               olim
               ad
               Militiam
               fabricatus
               est
               ;
               hic
               ad
               rem
               Civilem
               pariter
               ;
               &
               sub
               Consulibus
               ,
               ex
               opulentia
               non
               virtute
               .
               Quicunque
               enim
               400.
               valebat
               Sestertia
               ,
               i.
               e.
               monetae
               nostrae
               veteris
               Sterlingorum
               3000.
               novae
               6000.
               more
               &
               jure
               Civium
               Romanorum
               in
               Equestrem
               ordinem
               conscribendus
               fuit
               .
               Propinquior
               videtur
               ,
               qui
               sub
               Imperatoribus
               baltheo
               cinctus
               est
               militari
               :
               hic
               vero
               tunc
               cultus
               non
               tam
               dignitatis
               fuit
               ,
               quam
               cujusque
               militis
               Symbolum
               .
               Adeo
               ut
               discinctus
               pro
               ignavo
               dicitur
               &
               exuto
               militia
               ,
               &
               inter
               poenas
               militares
               graviores
               habita
               .
               Virilis
               etiam
               toga
               non
               ad
               classem
               aliquam
               ,
               sed
               adultos
               omnes
               pariter
               attinebat
               .
               Ad
               Germanos
               provoco
               ,
               ut
               cum
               suos
               nobis
               in
               plerisque
               mores
               porrexerint
               ,
               in
               hoc
               etiam
               auctores
               fiant
               .
               Martis
               autem
               sic
               adibant
               limina
               .
               
                 Arma
                 sumere
              
               (
               inquit
               Tacitus
               )
               
                 non
                 ante
                 cuiquam
                 moris
                 ,
                 quam
                 civitas
                 suffecturum
                 probaverit
                 .
                 Tum
                 in
                 ipso
                 Concilio
                 ,
                 vel
                 Principum
                 aliquis
                 ,
                 vel
                 pater
                 ,
                 vel
                 propinquus
                 ,
                 Scuto
                 frameaque
                 juvenem
                 ornat
                 .
                 Haec
                 apud
                 illos
                 toga
                 ;
                 hic
                 primus
                 Juventae
                 honos
                 :
                 ante
                 hoc
                 Domus
                 pars
                 videntur
                 ,
                 mox
                 Reipublicae
                 .
              
               Locum
               non
               intelligo
               de
               Ignobili
               ;
               sed
               de
               eo
               cujus
               foret
               &
               Consiliis
               adesse
               Principum
               ,
               &
               de
               rebus
               tractare
               publicis
               .
               Cum
               enim
               dixisset
               Tacitus
               in
               praecedentibus
               :
               
                 Germanos
                 nihil
                 agere
                 non
                 armatos
              
               ;
               subjungit
               illico
               ,
               
                 sed
                 arma
                 sumere
              
               ,
               &c.
               ut
               citavimus
               .
            
             
               Ecce
               igitur
               Germani
               militis
               instituendi
               formulam
               .
               Primo
               ,
               expetenda
               &
               expectanda
               Civium
               approbatio
               :
               Secundo
               ,
               Consilii
               sententia
               :
               Tertio
               ,
               symbolorum
               collator
               ,
               qui
               est
               vel
               Princeps
               aliquis
               vel
               Magistratus
               honoris
               causa
               ,
               vel
               pater
               aut
               propinquus
               mancipationis
               gratia
               .
               Quarto
               ,
               symbolorum
               (
               id
               est
               
                 scuti
                 &
                 frameae
              
               )
               collatio
               .
               Sic
               quinto
               ,
               exultans
               telis
               Concilio
               egreditur
               
                 Miles
                 legitimus
              
               .
               Eques
               autem
               ,
               non
               pedes
               :
               nam
               
                 scutum
                 &
                 framea
              
               sunt
               Equitis
               armatura
               ,
               &
               plane
               integra
               ,
               non
               peditis
               ;
               ut
               superius
               ipse
               docet
               Tacitus
               :
               
                 Eques
                 quidem
              
               (
               inquit
               )
               
                 scuto
                 frameaque
                 contentus
                 est
                 :
                 pedites
                 &
                 missilia
                 spargunt
                 ,
                 pluraque
                 singuli
                 .
              
               Hinc
               Tyroni
               istiusmodi
               duplex
               appellatio
               :
               Miles
               ,
               à
               genere
               ;
               Eques
               ,
               à
               specie
               .
               Latine
               utimur
               utroque
               vocabulo
               ;
               sed
               in
               vulgari
               Idiomate
               Galli
               ,
               Itali
               ,
               Hispani
               speciem
               tenent
               ,
               sc
               .
               
                 Chevalier
                 ,
                 Cavalliere
                 ,
                 Cavallero
              
               ,
               à
               Latinoram
               Caballo
               .
               Germani
               ,
               Kitter
               ,
               à
               ritten
               equitare
               .
               Angli
               vero
               priscum
               secuti
               Saxonicum
               ,
               knighte
               dicimus
               ,
               quasi
               famulum
               seu
               
                 ministrum
                 militiae
              
               .
               Saepe
               conspicitur
               antiquae
               Institutionis
               specimen
               in
               sigillis
               Anglo-Normannorum
               usque
               ad
               aetatem
               —
               ,
               ubi
               Eques
               exhibetur
               ,
               scutum
               ad
               pectus
               ,
               frameam
               gestans
               ab
               humero
               dextro
               .
               Et
               originis
               vestigium
               in
               conferendis
               Feodis
               militaribus
               ;
               quae
               alias
               hastae
               traditione
               ,
               alias
               baculi
               velut
               hastae
               ,
               in
               jure
               feodali
               transferuntur
               .
               Solebant
               enim
               Magnates
               latifundia
               sua
               in
               portiones
               dispartiri
               (
               quae
               feoda
               vocant
               )
               ad
               alendum
               singulos
               milites
               ;
               easdemque
               ob
               servitium
               &
               subsidium
               
               in
               bello
               clientibus
               suis
               hoc
               modo
               concedere
               ;
               adjuncto
               insuper
               annulo
               ,
               ad
               notandum
               (
               reor
               )
               fidelitatis
               Sacramentum
               ,
               quo
               Vassallus
               Domino
               ratione
               feodi
               tenebatur
               .
               Admissos
               sic
               in
               Militiam
               suam
               
                 suos
                 milites
              
               appellabant
               ;
               etiamsi
               nunquam
               in
               militiam
               progrederentur
               sed
               Vicarios
               mitterent
               .
               Hujusmodi
               fuisse
               eos
               censeo
               ,
               de
               quibus
               in
               priscis
               nostris
               Annalibus
               Anglicanis
               saepe
               legitur
               ,
               talem
               venisse
               tali
               expeditione
               cum
               100.
               vel
               200.
               
               Knights
               in
               comitatu
               suo
               .
               Quidam
               male
               intelligunt
               de
               Equitibus
               auratis
               ;
               quidam
               verisimilius
               de
               Militibus
               gravis
               armaturae
               ,
               quos
               Gallli
               
                 homes
                 de
                 armes
              
               appelant
               .
               Tuo
               utere
               judicio
               .
               Hi
               vero
               non
               videntur
               olim
               aliquando
               prioribus
               illis
               inferiores
               ,
               cum
               &
               in
               domini
               sui
               militiam
               
                 baculi
                 &
                 annuli
              
               ceremonia
               admitterentur
               ;
               tum
               &
               patrimonium
               una
               acciperent
               variis
               nobilitatum
               Privilegiis
               (
               ut
               supra
               videas
               in
               Feodum
               )
               quo
               militarem
               dignitatem
               splendidius
               tuerentur
               .
               Hoc
               enim
               patrimonium
               ,
               
                 Feodum
                 Nobile
              
               dicebatur
               ;
               quod
               ad
               Nobiles
               solum
               ,
               non
               ad
               rusticos
               ,
               non
               ad
               Burgenses
               vel
               opifices
               transmigraret
               .
               Galli
               igitur
               Milites
               antiquos
               dividunt
               in
               
                 Chevaliers
                 ,
                 Bannerets
                 ,
                 &
                 Bacheliers
                 :
              
               Cujacius
               exponit
               ,
               Equites
               ,
               Mello
               
                 Equites
                 ,
                 &
                 Vasellos
              
               sive
               
                 Vasallos
                 :
                 nisi
                 malis
              
               (
               inquit
               )
               a
               Buccellariis
               ducere
               ;
               quod
               equidem
               non
               probo
               .
               Teneat
               potius
               primam
               sententiam
               ,
               Bacheliers
               idem
               esse
               quod
               Vassallos
               ,
               i.
               e.
               Milites
               feodales
               ;
               non
               quod
               meam
               tueatur
               assertionem
               ,
               sed
               quod
               ipsa
               res
               hoc
               loquitur
               ,
               Bacularios
               seu
               Bacillarios
               non
               minus
               dici
               à
               Baculo
               seu
               
                 Bacillo
                 feodali
              
               ;
               quam
               Banneretti
               ,
               à
               
                 bannerio
                 ;
                 Equites
              
               ab
               equo
               ;
               feodalibus
               .
            
             
               Qui
               igitur
               fit
               ,
               ut
               caeteri
               Equites
               (
               nam
               hi
               etiam
               equo
               merebant
               )
               feoda
               non
               dotati
               ,
               Bacularii
               nuncupentur
               ?
               Forte
               baculo
               etiam
               velut
               hasta
               in
               militiam
               aliquando
               admitterentur
               ;
               vel
               ex
               errore
               natum
               ,
               pauciores
               in
               plurimorum
               transisse
               appellationem
               ,
               differentia
               ab
               Auctoribus
               non
               bene
               observata
               .
               Nam
               Germanis
               utique
               multos
               dici
               censeo
               Fanlchen
               ,
               i.
               e.
               Vexilliferos
               ,
               qui
               vexillo
               non
               suscipiunt
               hodie
               dignitatem
               .
               
                 (
                 Quaere
                 .
              
               )
            
             
               Cum
               autem
               Militis
               instituendi
               ratio
               ,
               alia
               non
               esset
               ,
               quam
               honoraria
               Candidati
               seu
               tyronis
               in
               militiam
               (
               ut
               praefati
               sumus
               )
               susceptio
               :
               praestari
               solita
               est
               apud
               omnes
               populos
               vel
               armorum
               aliquid
               conferendo
               ,
               vel
               Ceremoniam
               aliquam
               ad
               militiam
               pertinentem
               adhibendo
               .
            
             
               Romani
               ,
               sub
               Imperio
               ,
               Cingulo
               usi
               sunt
               militari
               .
            
             
               Germani
               Veteres
               (
               ut
               supra
               declaravimus
               )
               
                 scuto
                 &
                 framea
              
               .
            
             
               Longobardi
               
                 arma
                 integra
              
               largiuntur
               .
               Sic
               Turismodus
               Rex
               Alboinum
               ,
               Regis
               Audoini
               filium
               ,
               Turismodi
               filii
               sui
               armis
               insignibus
               donat
               .
               
                 Paul.
                 Diac.
              
               Longob
               .
               1.
               ca.
               16.
               
            
             
               Salici
               ,
               Baln●o
               usi
               sunt
               ;
               cum
               aliquo
               genere
               Armorum
               ,
               &
               ritu
               sacro
               .
               Baln●o
               scil
               .
               ut
               purgati
               intelligerentur
               à
               spurcitie
               corporis
               &
               animae
               .
               
                 Du
                 Tillet
              
               p.
               431.
               &c.
               
            
             
               Anglo-Saxones
               gladium
               ad
               altare
               consecratum
               à
               Candidati
               collo
               suspendunt
               .
            
             
               
                 De
                 Aetate
                 Militari
                 .
              
               
                 AETas
                 Militaris
                 ,
                 quae
                 Romanis
                 Virilis
                 dicitur
                 ,
                 in
                 exitu
                 anni
                 16.
                 pueritiae
                 apud
                 ipsos
                 habita
                 est
                 ;
                 togamque
                 ideo
                 virilem
                 (
                 ut
                 Germani
                 olim
                 Arma
                 militaria
                 )
                 non
                 sine
                 Religionis
                 ceremonia
                 concedebant
                 ;
                 ut
                 mox
                 videbitur
                 .
                 De
                 Germanorum
                 ritu
                 ,
                 copiose
                 admodum
                 ex
                 ipso
                 Tacito
                 in
                 praecedentibus
                 .
                 Apud
                 recentiores
                 ,
                 Carolus
                 Magnus
                 Ludovicum
                 filium
                 suum
                 1
                 
                   jam
                   appellentem
                   adolescentiae
                   tempora
                   ,
                   ense
                   accinxit
                   .
                
                 Aluredus
                 nepotem
                 suum
                 Aethelstanum
                 2
                 
                   puerum
                   adhuc
                   praemature
                   militem
                   fecit
                
                 .
                 Henricus
                 I.
                 Gaufridum
                 Comitis
                 Andegaviae
                 filium
                 ,
                 3
                 
                   adolescentiae
                   primaevo
                   flore
                   vernantem
                   ,
                   quindecim
                   annorum
                   armis
                   induit
                   .
                
                 Quid
                 plura
                 ?
                 Legitima
                 hinc
                 aetas
                 militaris
                 apud
                 nos
                 habetur
                 annus
                 decimus-quintus
                 ;
                 nec
                 auxilium
                 igitur
                 ad
                 faciendum
                 filium
                 suum
                 Militem
                 quisquam
                 
                 à
                 subditis
                 deposcat
                 feodalis
                 Dominus
                 ,
                 ne
                 quidem
                 Rex
                 .
                 Valet
                 tamen
                 junior
                 factus
                 .
                 Rex
                 Edourdus
                 VI.
                 anno
                 aetatis
                 decimo
                 ;
                 Henricus
                 VI.
                 quinto
                 ▪
                 Prandens
                 olim
                 aliquando
                 Dubliniae
                 juvenis
                 apud
                 D.
                 Proregem
                 Hiberniae
                 ,
                 vidi
                 tenerum
                 quendam
                 adolescentulum
                 prae
                 Militibus
                 aliquot
                 antiquis
                 accumbentem
                 ;
                 nuntiatumque
                 mihi
                 est
                 ,
                 ni
                 memoria
                 meretrix
                 ,
                 eundem
                 ipsum
                 fuisse
                 quem
                 Prorex
                 alius
                 è
                 sacro
                 fonte
                 susceperat
                 ,
                 &
                 in
                 cunis
                 statim
                 Militem
                 fecerat
                 ,
                 dum
                 apud
                 Patrem
                 infantuli
                 fortuito
                 hospitaretur
                 .
                 Facto
                 perhibet
                 authoritatem
                 ,
                 quod
                 in
                 Juris
                 nostri
                 legitur
                 Annalibus
                 .
                 
                   Audivi
                   (
                   inquit
                   Thirning
                   Justitiarius
                   7.
                   
                   Henr.
                   IV.
                   fol.
                   8.
                   )
                   magnatem
                   quendam
                   ,
                   filium
                   quem
                   susceperat
                   ,
                   ad
                   sacrum
                   deportasse
                   fontem
                   ,
                   arreptoque
                   statim
                   gladio
                   ,
                   baptizatum
                   ,
                   Militem
                   fecisse
                   ,
                   Anglice
                   hoc
                   adjiciens
                   ,
                   
                     Probus
                     si
                     poteris
                     esto
                     Miles
                     ,
                     Armiger
                     vero
                     nunquam
                     fueris
                     .
                  
                
                 ●ec
                 mirum
                 hoc
                 in
                 secularibus
                 ministeriis
                 ;
                 cum
                 in
                 ipsis
                 Ecclesiasticis
                 ,
                 Hugo
                 filius
                 Hereberti
                 Comitis
                 admodum
                 juvenis
                 parvulus
                 ,
                 1
                 
                   qui
                   nec
                   adhuc
                   quinquennii
                   tempus
                   explesse
                   videbatur
                   ,
                
                 in
                 amplissimum
                 Remensem
                 Episcopus
                 electus
                 esset
                 .
                 Quantulacunque
                 autem
                 aetate
                 factus
                 est
                 quispiam
                 Miles
                 ,
                 liber
                 evadit
                 à
                 Domini
                 feodalis
                 potestate
                 quoad
                 Corporis
                 sui
                 ditionem
                 ,
                 quam
                 Custodiam
                 vocant
                 .
                 Et
                 peti
                 videtur
                 mihi
                 ratio
                 à
                 majoribus
                 nostris
                 Germanis
                 ,
                 quam
                 expressit
                 2
                 Tacitus
                 :
                 
                   Ante
                   hoc
                   ,
                   Domus
                   pars
                   videtur
                   ;
                   mox
                   Reipublicae
                   .
                
              
            
             
               
                 De
                 Evocatis
                 ad
                 Militiam
                 suscipiendam
                 .
              
               
                 ANtiqui
                 Juris
                 est
                 ,
                 ut
                 in
                 Regia
                 Coronatione
                 aliisque
                 nonunquam
                 solennibus
                 ,
                 Rex
                 Breve
                 suum
                 unicuique
                 Vice-Comiti
                 mittat
                 ;
                 praecipiens
                 ,
                 ut
                 submoneat
                 omnes
                 in
                 Comitatu
                 suo
                 ,
                 qui
                 censu
                 funguntur
                 militari
                 &
                 non
                 sunt
                 milites
                 ,
                 quod
                 tali
                 die
                 ad
                 Regis
                 se
                 praesentiam
                 sistant
                 ,
                 militarem
                 suscepturi
                 dignitatem
                 .
                 Census
                 hic
                 sub
                 Normannicis
                 nostris
                 Regibus
                 ,
                 5.
                 libris
                 aestimatur
                 ;
                 sub
                 Henrico
                 III.
                 decem
                 primo
                 ,
                 deinde
                 quindecim
                 .
                 Sub
                 Edv.
                 I.
                 viginti
                 :
                 Hodie
                 ,
                 quadraginta
                 .
                 Excipiuntur
                 tamen
                 ab
                 hac
                 angaria
                 in
                 Stat.
                 —
                 Edw.
                 I.
                 qui
                 vel
                 morbo
                 diuturno
                 ,
                 vel
                 aere
                 alieno
                 ,
                 vel
                 prole
                 laborant
                 numerosa
                 .
                 Brevis
                 haec
                 est
                 forma
                 :
                 
                   
                     Rex
                     Vice-Comiti
                     Norfolciae
                     Salutem
                     .
                     Praecipimus
                     ,
                     &c.
                     
                  
                
              
               
                 Proclamatur
                 &
                 de
                 more
                 per
                 Comitatum
                 :
                 sed
                 venientibus
                 &
                 non
                 venientibus
                 à
                 Carolo
                 Rege
                 evocatis
                 sors
                 plerumque
                 eadem
                 .
                 Nesciebant
                 enim
                 qui
                 venerunt
                 ,
                 ubi
                 suam
                 exhiberent
                 praesentiam
                 ,
                 
                   eandemve
                   facerent
                   Recordari
                
                 .
                 Opinantur
                 quidam
                 coram
                 Baronibus
                 in
                 Scaccario
                 ,
                 quidam
                 apud
                 Comitem
                 Marescallum
                 ,
                 quidam
                 apud
                 magnum
                 Camerarium
                 Angliae
                 ;
                 &
                 dum
                 caligant
                 singuli
                 ,
                 deviant
                 omnes
                 .
                 Tandem
                 enim
                 definiri
                 perhibent
                 ,
                 in
                 Cancellaria
                 Registrandam
                 .
                 Verba
                 autem
                 Brevis
                 sunt
                 ,
                 
                   coram
                   Regis
                   praesentia
                
                 ;
                 &
                 dum
                 Regium
                 sic
                 opperiuntur
                 otium
                 atque
                 bene-placitum
                 ,
                 facultatum
                 partem
                 non
                 exiguam
                 ,
                 forte
                 etiam
                 &
                 aevi
                 minuant
                 .
                 Vice-Comites
                 autem
                 Summonitorum
                 nomina
                 Baronibus
                 exhibent
                 Scaccarii
                 ,
                 hi
                 vi●issim
                 Commissionariis
                 à
                 Rege
                 delegatis
                 ,
                 ad
                 componendum
                 statuendumque
                 de
                 animadversione
                 pecuniaria
                 ,
                 in
                 evocatos
                 (
                 velut
                 contumaciae
                 reos
                 )
                 sigillatim
                 imponendae
                 ;
                 quam
                 si
                 (
                 gravem
                 licet
                 )
                 non
                 admiserint
                 ,
                 vel
                 subterfugiendo
                 detrectaverint
                 ,
                 è
                 terrarum
                 suarum
                 usu
                 fructibus
                 (
                 quos
                 Exitus
                 vocant
                 )
                 Barones
                 Scaccarii
                 Regi
                 addicunt
                 .
                 Primo
                 termino
                 40s.
                 secundo
                 4l.
                 tertio
                 8l.
                 quarto
                 12l.
                 quinto
                 16l.
                 atque
                 ita
                 pro
                 arbitrio
                 assurgentes
                 .
              
               
                 Fuit
                 retroactis
                 seculis
                 animadversio
                 à
                 Commissariis
                 imposita
                 ,
                 satis
                 levis
                 ;
                 sed
                 hodie
                 gravis
                 admodum
                 :
                 Tenuis
                 enim
                 fortunae
                 viri
                 ,
                 olim
                 20.
                 30.
                 40.
                 solidis
                 plectebantur
                 :
                 hodie
                 ,
                 libris
                 totidem
                 ;
                 Et
                 ditiores
                 nonnulli
                 ducentis
                 ,
                 trecentis
                 ,
                 quadringentis
                 .
              
            
             
               
               
                 De
                 Modo
                 creandi
                 Militem
                 honoratum
                 :
                 &
                 primum
                 de
                 cingulo
                 Militari
                 .
              
               
                 CUm
                 in
                 creando
                 Milite
                 maxime
                 olim
                 esset
                 necessarium
                 officium
                 Cinguli
                 ;
                 de
                 cingulo
                 quidpiam
                 praelibandum
                 .
                 Ejus
                 triplex
                 genus
                 :
                 Civile
                 ,
                 zona
                 ;
                 Militare
                 ,
                 baltheus
                 ;
                 Mixtum
                 ,
                 
                   cingulum
                   indefinite
                
                 .
                 Hinc
                 Varro
                 zonam
                 inter
                 vestimenta
                 refert
                 ;
                 baltheum
                 inter
                 arma
                 .
                 Cingulum
                 utrisque
                 convenit
                 ,
                 &
                 est
                 tam
                 dignitatis
                 &
                 magistratus
                 ,
                 quam
                 militiae
                 symbolum
                 ;
                 &
                 à
                 Trojanis
                 seculis
                 honorarium
                 ,
                 ut
                 Homero
                 passim
                 .
              
               
                 Romani
                 Veteres
                 Equitem
                 honoratum
                 instituebant
                 equo
                 &
                 annulo
                 aureo
                 à
                 Censore
                 datis
                 :
                 Inferiores
                 ,
                 Milites
                 qui
                 à
                 Caesaris
                 erant
                 Comitatu
                 ,
                 cingulo
                 donabant
                 ,
                 quo
                 à
                 caeteris
                 innotescerent
                 Militibus
                 .
                 Fuit
                 autem
                 hoc
                 è
                 corio
                 atque
                 inde
                 Baltheus
                 nuncupatum
                 :
                 nam
                 balgh
                 &
                 beltz
                 Germanis
                 pellem
                 significat
                 ;
                 ut
                 item
                 (
                 quod
                 Galli
                 dicunt
                 pro
                 
                   baltheo
                   )
                   baudeier
                   ,
                   l
                
                 in
                 
                   u
                   &
                   t
                
                 in
                 d
                 mutatis
                 .
                 Romanum
                 enim
                 nihil
                 censeo
                 genuine
                 quod
                 per
                 th
                 scribitur
                 .
                 Huc
                 autem
                 id
                 Propertii
                 lib.
                 4.
                 
                 Eleg.
                 11.
                 
              
               
                 
                   
                     Praebebant
                     caesi
                     baltea
                     lenta
                     Boves
                     .
                  
                
                 
                   Balthei
                   seu
                   Cinguli
                   militaris
                   officium
                   fuit
                   ,
                
                 Munire
                 ,
                 Ornare
                 ,
                 Distinguere
                 ,
                 Legionem
                 notare
                 ,
                 &
                 Arma
                 sustinere
                 .
              
               
                 1.
                 
                 Munire
                 ;
                 ideo
                 late
                 compositum
                 ,
                 aliasque
                 bullis
                 ,
                 alias
                 laminis
                 (
                 ne
                 distringeretur
                 )
                 firmatum
                 .
                 Virgil.
                 Aen.
                 lib.
                 12.
                 
                 
                   
                     —
                     Humero
                     cum
                     apparuit
                     ingens
                  
                   
                     Baltheus
                     ,
                     &
                     notis
                     fulserunt
                     cingula
                     bullis
                  
                   
                     
                       Pallantis
                       pueri
                    
                     .
                     —
                     Humero
                     (
                     inquit
                     )
                     ut
                     alibi
                     :
                  
                   
                     Tum
                     lateri
                     atque
                     humeris
                     Tegeaeum
                     subligat
                     ensem
                     .
                  
                
              
               
                 2.
                 
                 Ornare
                 ;
                 pro
                 fastu
                 militari
                 &
                 lateris
                 dignitate
                 ,
                 auro
                 ,
                 gemmis
                 ,
                 &
                 insigni
                 opere
                 .
                 —
                 Virgil.
                 Aen.
                 9.
                 
              
               
                 
                   
                     —
                     Rhamnetis
                     &
                     aurea
                     Bullis
                  
                   
                     Cingula
                     —
                  
                
                 
                   Passim
                   Homerus
                   ;
                   &
                   supra
                   modum
                   Odyss
                   .
                   XI
                   .
                   sed
                   inferiores
                   intuere
                   .
                   Luithprandus
                   Hist
                   .
                   Lib.
                   4.
                   ca.
                   5.
                   
                
                 Boso
                 mirae
                 longitudinis
                 &
                 latitudinis
                 habebat
                 balteum
                 ,
                 qui
                 multarum
                 &
                 preciosarum
                 splendebat
                 nitore
                 gemmarum
                 .
              
               
                 3.
                 
                 Distinguere
                 :
                 aliàs
                 personas
                 ,
                 ut
                 Atridarum
                 apud
                 Homerum
                 
                   aurea
                   balthea
                
                 :
                 Hectoris
                 ,
                 puniceus
                 :
                 Diomedis
                 ,
                 discolor
                 .
                 Aliàs
                 Dignitates
                 &
                 Magistratus
                 :
                 ut
                 in
                 Vet.
                 Epigramm
                 .
                 Val.
                 Probi
                 Annot.
                 
              
               
                 
                   
                     Aulica
                     quippe
                     Comes
                     rexi
                     patrimonia
                     clarus
                     ,
                  
                   
                     Et
                     mea
                     patricio
                     fulserunt
                     cingula
                     cultu
                     .
                  
                
                 Hinc
                 in
                 Epilogo
                 Edicti
                 Theoderici
                 Regis
                 Italiae
                 ,
                 cingulum
                 pro
                 Magistratu
                 ponitur
                 .
                 
                   Nec
                   cujuslibet
                   dignitatis
                   ,
                   aut
                   substantiae
                   ,
                   aut
                   potentiae
                   ,
                   aut
                   cinguli
                   ,
                   aut
                   honoris
                   persona
                   ;
                   contra
                   haec
                   —
                   esse
                   veniendum
                   .
                
                 Et
                 apud
                 Suidam
                 ,
                 
                   〈◊〉
                   〈◊〉
                   〈◊〉
                   〈◊〉
                   〈◊〉
                
                 ,
                 i.
                 e.
                 
                   Cingulum
                   tropice
                   pro
                   facultate
                
                 (
                 seu
                 authoritate
                 )
                 
                   capitur
                   ,
                   quod
                   cincti
                   ad
                   rem
                   gerendam
                   sunt
                   expeditiores
                   .
                
                 Inde
                 crebro
                 in
                 Canonibus
                 ,
                 
                   Judex
                   cinctus
                
                 .
                 Erat
                 namque
                 Cingulum
                 tam
                 Palatinae
                 quam
                 Armatae
                 militiae
                 insigne
                 .
                 Ideo
                 apud
                 Cassiodorum
                 &
                 Jurisconsultos
                 pro
                 Magistratu
                 dicitur
                 &
                 ejusdem
                 administratione
                 .
                 Variar
                 .
                 lib.
                 6.
                 formul
                 .
                 12.
                 
                   otiosi
                   cinguli
                   honore
                   praecincta
                   dignitas
                
                 ,
                 i.
                 e.
                 Magistratus
                 citra
                 molestiam
                 dignitas
                 .
                 Et
                 Imperator
                 inferius
                 Judices
                 admonens
                 de
                 laudabiliter
                 se
                 gerendo
                 :
                 Grave
                 (
                 inquit
                 )
                 
                   pondus
                   invidiae
                   est
                   ,
                   splendere
                   cinguli
                   claritate
                   ,
                   &
                   morum
                   lampade
                   non
                   lucere
                   .
                
              
               
                 4.
                 
                 Legionem
                 notare
                 :
                 
                   Isidorus
                   Origin
                   .
                   lib.
                   19.
                   ca.
                   33.
                   
                
                 Baltheus
                 cingulum
                 militare
                 est
                 dictus
                 ,
                 propter
                 quod
                 ex
                 eo
                 signa
                 dependent
                 ad
                 demonstrandam
                 Legionis
                 militaris
                 summam
                 ,
                 id
                 est
                 ,
                 sex
                 millium
                 sexcentorum
                 ;
                 ex
                 quo
                 numero
                 &
                 ipsi
                 constituunt
                 .
              
               
               
                 5.
                 
                 
                   Arma
                   sustinere
                
                 :
                 Ensem
                 &
                 Clypeum
                 ;
                 &
                 singulare
                 singularem
                 ;
                 de
                 quibus
                 multa
                 Homerus
                 ,
                 qui
                 &
                 de
                 Thoracis
                 baltheo
                 meminit
                 ,
                 Ajacemque
                 Hectori
                 baltheum
                 cum
                 ense
                 dedisse
                 ,
                 Iliad
                 .
                 7.
                 
                 Sidonius
                 Arvernorum
                 Episcopus
                 ,
                 qui
                 floruit
                 An.
                 Dom.
                 470.
                 suo
                 aevo
                 hos
                 cultus
                 attribuit
                 ,
                 in
                 Panegyr
                 .
                 ad
                 Anthem
                 .
                 Aug.
                 Car.
                 2.
                 
                 
                   
                     Pectora
                     bis
                     cingunt
                     zonae
                     .
                     —
                     
                       Et
                       supra
                    
                     ,
                  
                   
                     Bullis
                     hostilibus
                     asper
                  
                   
                     Applicat
                     à
                     laeva
                     fulgentem
                     balteus
                     ensem
                     ,
                  
                   
                     Inseritur
                     clypeo
                     victrix
                     manus
                     ,
                     &c.
                     
                  
                
              
               
                 Romanis
                 siquidem
                 frequens
                 ,
                 ut
                 pluribus
                 obiter
                 hic
                 inferius
                 .
                 De
                 recentioribus
                 etiam
                 Bartholinus
                 Austriad
                 .
                 lib.
                 9.
                 
              
               
                 
                   
                     Et
                     mos
                     gemmato
                     mucronem
                     annectere
                     balteo
                     .
                  
                
                 Sic
                 à
                 veterimis
                 seculis
                 ad
                 nostram
                 aetatem
                 (
                 qua
                 maxime
                 floret
                 )
                 perductum
                 vides
                 cingendi
                 hunc
                 morem
                 :
                 de
                 quo
                 dicam
                 ut
                 Martialis
                 ,
                 de
                 Parazomio
                 :
                 
                   
                     Militiae
                     decus
                     hoc
                     &
                     grati
                     nomen
                     honoris
                     ,
                  
                   
                     Arma
                     Tribunitium
                     cingere
                     digna
                     latus
                     .
                  
                
                 Hinc
                 Cingulum
                 velut
                 militiae
                 dignitatumque
                 compendium
                 ,
                 in
                 eisdem
                 conferendis
                 optatissimum
                 .
              
               
                 Frisones
                 ,
                 
                   cum
                   cinctura
                   gladii
                   colaphum
                   impingunt
                   :
                   &
                   hoc
                   à
                   Carolo
                   Magno
                   eorum
                   Praesidi
                   concessnm
                   ferunt
                   in
                   quadam
                   Constitutione
                   ;
                   ubi
                   de
                
                 Militibus
                 agens
                 :
                 Eis
                 gladium
                 
                   (
                   inquit
                
                 )
                 circumcingat
                 ;
                 &
                 dato
                 eisdem
                 ,
                 sicut
                 consuetudinis
                 est
                 ,
                 manu
                 colapho
                 ,
                 sic
                 milites
                 faciat
                 ,
                 eisdemque
                 firmiter
                 injungendo
                 praecipiat
                 ,
                 ut
                 deinceps
                 more
                 militum
                 sacri
                 Imperii
                 aut
                 regni
                 Franciae
                 ,
                 armati
                 incedant
                 —
                 Qui
                 Frisones
                 signum
                 suae
                 militiae
                 a
                 dicta
                 Potestate
                 
                   (
                   i.
                   e.
                   Praeside
                
                 )
                 recipere
                 debent
                 ;
                 in
                 quo
                 Corona
                 Imperialis
                 ,
                 in
                 signum
                 suae
                 libertatis
                 à
                 nobis
                 concessa
                 ,
                 debeat
                 esse
                 depicta
                 .
                 
                   Ex
                   Francis
                   .
                   Mennenio
                   Tit.
                   ha
                   .
                   112.
                   
                
              
               
                 
                   Anglorum
                   erat
                   consuetudo
                   ,
                   (
                   non
                   ingressis
                   adhuc
                   Normannis
                   )
                   quod
                   qui
                   Militiae
                   legitime
                   consecrandus
                   esset
                   ,
                   vespera
                   praecedente
                   diem
                   suae
                   consecrationis
                   ,
                   ad
                   Episcopum
                   vel
                   Abbatem
                   ,
                   vel
                   Monachum
                   ,
                   vel
                   Sacerdotem
                   aliquem
                   ,
                   contritus
                   &
                   compunctus
                   de
                   omnibus
                   suis
                   peccatis
                   ,
                   confessionem
                   faceret
                   ;
                   &
                   absolutus
                   ,
                   orationibus
                   &
                   devotionibus
                   ,
                   &
                   afflictionibus
                   deditus
                   ,
                   in
                   Ecclesia
                   pernoctaret
                   in
                   crastino
                   quoque
                   Missam
                   auditurus
                   ,
                   gladium
                   super
                   altare
                   offerret
                   ,
                   &
                   post
                   Evangelium
                   Sacerdos
                   benedictum
                   gladium
                   collo
                   Militis
                   cum
                   benedictione
                   imponeret
                   :
                   &
                   communicatis
                   ad
                   eandem
                   Missam
                   sacris
                   Christi
                   mysteriis
                   ,
                   denuo
                   miles
                   legitimus
                   permaneret
                
                 .
                 Haec
                 Ingulphus
                 Saxo
                 ,
                 p.
                 901.
                 
              
               
                 Sic
                 fortissimus
                 Herewardus
                 (
                 qui
                 Normannis
                 tantam
                 facessivit
                 operam
                 )
                 Miles
                 factus
                 est
                 .
                 Hanc
                 tamen
                 consecrandi
                 Militis
                 consuetudinem
                 aspernati
                 sunt
                 Normanni
                 ,
                 
                   nec
                   Militem
                   legitimum
                   talem
                   tenebant
                
                 ,
                 (
                 inquit
                 Ingulphus
                 )
                 
                   sed
                   socordem
                   Equitem
                   &
                   Quiritem
                   degenerem
                   .
                
                 Et
                 quorsum
                 ,
                 obsecro
                 ?
                 Num
                 quod
                 ab
                 Ecclesiasticis
                 acceperint
                 dignitatem
                 ,
                 non
                 à
                 Viris
                 Militaribus
                 ?
                 Certe
                 Gulielmus
                 Rufus
                 (
                 qui
                 postea
                 Rex
                 evasit
                 )
                 non
                 a
                 patre
                 suo
                 Gulielmo
                 I.
                 Rege
                 Angliae
                 ,
                 sed
                 à
                 Lanfranco
                 Archiepiscopo
                 Cantuariae
                 ,
                 in
                 vita
                 patris
                 ,
                 Miles
                 factus
                 est
                 ,
                 ut
                 
                   Malmesburiensis
                   &
                   Parisius
                
                 testantur
                 .
                 Num
                 quod
                 ab
                 Altari
                 susceptum
                 gladium
                 ?
                 Prequens
                 inter
                 ipsos
                 Anglo-Normannos
                 ritus
                 sub
                 Henrico
                 II.
                 ut
                 perspicue
                 refert
                 Auctor
                 coaetaneus
                 
                   Petrus
                   Blesensis
                
                 ,
                 Epist
                 .
                 94.
                 
                 
                   Sed
                   &
                   hodie
                
                 (
                 inquit
                 )
                 
                   tyrones
                   ,
                   enses
                   suos
                   recipiunt
                   de
                   altari
                   .
                
                 Et
                 rationem
                 adjungit
                 ,
                 
                   ut
                   profiteantur
                   se
                   filios
                   Ecclefiae
                   ,
                   atque
                   ad
                   honorem
                   Sacerdotii
                   ,
                   ad
                   tuitionem
                   pauperum
                   ,
                   ad
                   vindictam
                   malefactorum
                   ,
                   &
                   patriae
                   liberationem
                   ,
                   gladium
                   accepisse
                   .
                
                 Quomodo
                 tuebantur
                 Professionem
                 ?
                 Male
                 ,
                 (
                 ut
                 hodie
                 )
                 quod
                 pluribus
                 Blesensis
                 .
                 Num
                 denique
                 ,
                 quod
                 in
                 Ecclesia
                 pernoctarent
                 vigilantes
                 &
                 paenitentes
                 ?
                 Sospitavit
                 equidem
                 &
                 pius
                 hic
                 usus
                 ad
                 Edouardi
                 I.
                 saeculum
                 ,
                 ut
                 è
                 Florilego
                 deinceps
                 videris
                 .
              
               
                 Carolus
                 Magnus
                 ,
                 An.
                 791.
                 
                 Ludovicum
                 filium
                 suum
                 
                   jam
                   appellentem
                   adolescentiae
                   tempora
                
                 Ranespurgi
                 
                   ense
                   accingit
                
                 .
                 Theganus
                 Episc
                 .
                 Trever
                 .
                 de
                 Vita
                 Lud.
                 Pii
                 ,
                 pag.
                 166.
                 
              
               
               
                 Ludovicus
                 ipse
                 Imperator
                 jam
                 factus
                 filium
                 suum
                 Carolum
                 [
                 Calvum
                 ]
                 armis
                 virilibus
                 ,
                 id
                 est
                 ,
                 ense
                 cinxit
                 ,
                 corona
                 Regali
                 insignivit
                 ,
                 &c.
                 Idem
                 pag.
                 271.
                 
                 &
                 Aimoin
                 .
                 lib.
                 5.
                 ca.
                 17.
                 
              
               
                 Alfredus
                 Rex
                 Anglorum
                 Aethelstanum
                 suum
                 e
                 filio
                 nepotem
                 puerum
                 adhuc
                 praemature
                 militem
                 fecit
                 ,
                 donatum
                 chlamide
                 coccinea
                 ,
                 gemmato
                 baltheo
                 ,
                 ense
                 Saxonico
                 cum
                 vagina
                 aurea
                 .
                 Malm.
                 Gest
                 .
                 Reg.
                 lib.
                 II.
                 ca.
                 6.
                 pa.
                 49.
                 
              
               
                 Henricus
                 III.
                 Anno
                 1252.
                 ad
                 Natale
                 Domini
                 ,
                 baltheo
                 (
                 inquit
                 Parisius
                 )
                 
                   apud
                   Eboracum
                   donavit
                   militari
                
                 [
                 Alexandrum
                 ]
                 
                   Regem
                   Scotiae
                   ,
                   &
                   cum
                   eo
                   Tyrones
                   fecit
                   ▪
                
                 20.
                 
                 
                   Qui
                   omnes
                   vestibus
                   pretiosis
                   &
                   ●xcogitatis
                   ,
                   sicut
                   in
                   tam
                   celebri
                   tyrocinio
                   de●uit
                   ,
                   ornabantur
                   ,
                
                 pag.
                 802.
                 
                 Intelligo
                 ,
                 à
                 Rege
                 datis
                 ;
                 nam
                 sic
                 idem
                 Auctor
                 in
                 Anno
                 —
                 .
              
               
                 Et
                 cum
                 legati
                 nepotem
                 cingeret
                 ,
                 30.
                 lib.
                 annuatim
                 redditas
                 ei
                 dedit
                 haereditario
                 ,
                 &
                 cuidam
                 alii
                 censum
                 pariter
                 opulentum
                 ,
                 pag.
                 530.
                 
              
               
                 Edwardus
                 I.
                 ter
                 centum
                 simul
                 preciosis
                 donat
                 vestibus
                 ,
                 nec
                 dignitatem
                 tamen
                 confert
                 ,
                 donec
                 in
                 Templo
                 nocte
                 peregissent
                 vigilias
                 ,
                 ut
                 è
                 Florilego
                 videmus
                 .
                 Pluries
                 citaturus
                 sum
                 locum
                 ;
                 semel
                 habeatis
                 integrum
                 .
              
               
                 
                   Ad
                   augmentandum
                   igitur
                   (
                   inquit
                   )
                   1
                   profectionem
                   suam
                   in
                   Scotiam
                   ,
                   fecit
                   Rex
                   per
                   Angliam
                   publice
                   2
                   proclamari
                   ,
                   ut
                   quotquot
                   3
                   tenerentur
                   fieri
                   Milites
                   4
                   successione
                   paterna
                   ,
                   &
                   qui
                   haberent
                   5
                   unde
                   militarent
                   ,
                   adessent
                   apud
                   Westmonasterium
                   in
                   festo
                   Pentecostes
                   ,
                   6
                   admissuri
                   singuli
                   omnem
                   ornatum
                   militarem
                   praeter
                   Equitaturam
                   ,
                   de
                   Regia
                   7
                   Garderoba
                   .
                   Confluentibus
                   itaque
                   8
                   300.
                   juvenibus
                   ,
                   9
                   filiis
                   Comitum
                   ,
                   Baronum
                   ,
                   &
                   Militum
                   ,
                   distribuebantur
                   10
                   purpura
                   ,
                   byssus
                   ,
                   syndones
                   ,
                   cyclades
                   auro
                   textae
                   ,
                   effluentissime
                   prout
                   cuique
                   competebat
                   .
                   Et
                   quia
                   Palatium
                   Regale
                   etsi
                   amplum
                   ,
                   tamen
                   ad
                   tot
                   occurrentium
                   turbam
                   angustum
                   fuit
                   ,
                   apud
                   11
                   Novum
                   Templum
                   Londini
                   ,
                   succisis
                   lignis
                   pomiferis
                   ,
                   prostratis
                   muris
                   ,
                   erexerunt
                   12
                   papiliones
                   &
                   tentoria
                   ,
                   quo
                   tyrones
                   deauratis
                   vestibus
                   se
                   singuli
                   decorarent
                   .
                   Ipsa
                   quoque
                   nocte
                   in
                   13
                   Templo
                   praedicti
                   Tyrones
                   ,
                   quotquot
                   poterat
                   capere
                   locus
                   ille
                   ,
                   suas
                   vigilias
                   faciebant
                   .
                   Sed
                   14
                   Princeps
                   Walliae
                   ,
                   praecepto
                   Regis
                   patris
                   sui
                   cum
                   15
                   praecelsis
                   tyronibus
                   fecit
                   vigilias
                   suas
                   in
                   Ecclesia
                   Westmonasteriensi
                   .
                   —
                   Die
                   autem
                   16
                   crastina
                   ,
                   17
                   cinxit
                   18
                   Rex
                   filium
                   19
                   baltheo
                   militari
                   in
                   20
                   Palatio
                   suo
                   ,
                   &
                   21
                   dedit
                   ei
                   Ducatum
                   Aquitaniae
                   .
                   Princeps
                   ergo
                   factus
                   22
                   Miles
                   ,
                   perrexit
                   in
                   23
                   Ecclesiam
                   Westmon
                   .
                   ut
                   24
                   consocios
                   suos
                   militari
                   gloria
                   venustaret
                   .
                   —
                   Princeps
                   autem
                   propter
                   turbam
                   comprimentem
                   non
                   secus
                   sed
                   supra
                   25
                   magnum
                   Altare
                   ,
                   divisa
                   turba
                   per
                   26
                   dextrarios
                   bellicosos
                   ,
                   socios
                   suos
                   27
                   cinxit
                   .
                   
                     Mat.
                     Westm
                  
                   .
                   An.
                   1309.
                   pa.
                   458.
                   
                
              
               
                 
                   Sine
                   ut
                   hic
                   breviter
                   notem
                   adnotanda
                   .
                
              
               
                 1
                 Profectionem
                 ]
                 Quam
                 sub
                 quindena
                 S.
                 Johannis
                 sequenti
                 Rex
                 iniit
                 ;
                 &
                 multis
                 in
                 Scotia
                 truculenter
                 gestis
                 ,
                 Carleoli
                 obiit
                 anno
                 proximo
                 ,
                 
                   i.
                   e.
                
                 1307.
                 
              
               
                 2
                 Proclamari
                 ]
                 Non
                 in
                 forma
                 juris
                 per
                 Breve
                 Regium
                 Vice-Comitibus
                 directum
                 ,
                 ut
                 non
                 venientes
                 mulctarentur
                 ;
                 aut
                 non
                 venientes
                 &
                 non
                 obtinentes
                 dignitatem
                 ,
                 finem
                 ,
                 
                   i.
                   e.
                
                 animadversionem
                 Regi
                 solverent
                 pecuniariam
                 .
              
               
                 3
                 Tenerentur
                 ]
                 Tenebantur
                 olim
                 omnes
                 liberi
                 homines
                 militare
                 .
              
               
                 4
                 
                   Successione
                   paterna
                
                 ]
                 Ergo
                 filius
                 &
                 haeres
                 Militis
                 ,
                 qui
                 patri
                 successurus
                 erat
                 in
                 haereditate
                 ,
                 ex
                 jure
                 Miles
                 etiam
                 faciendus
                 erat
                 .
              
               
                 5
                 
                   Vnde
                   militarent
                
                 ]
                 Licet
                 ex
                 patre
                 milite
                 non
                 esset
                 oriundus
                 ;
                 tamen
                 si
                 haberet
                 unde
                 se
                 in
                 militia
                 sustineret
                 ,
                 suscipere
                 tenebatur
                 dignitatem
                 .
                 Et
                 hoc
                 quidem
                 olim
                 fuisse
                 videtur
                 praedium
                 5.
                 lib.
                 sub
                 ingressu
                 Normannorum
                 .
              
               
                 6
                 Pentecostes
                 ]
                 Unum
                 è
                 tribus
                 majoribus
                 Festis
                 ,
                 quibus
                 prisci
                 Reges
                 prodire
                 solebant
                 coronati
                 ;
                 convocatisque
                 regni
                 Magnatibus
                 ,
                 de
                 arduis
                 consulere
                 &
                 statuere
                 .
              
               
                 7
                 Admissuri
                 ]
                 Suscepturi
                 .
              
               
                 8
                 Garderoba
                 ]
                 Vestiarium
                 .
                 Graecis
                 inferioribus
                 
                   〈◊〉
                   〈◊〉
                   〈◊〉
                   〈◊〉
                   〈◊〉
                
                 à
                 veste
                 Germanorum
                 Roch.
                 
              
               
                 ¶
                 [
                 Reliqua
                 pars
                 Commentarii
                 desideratur
                 .
                 ]
              
               
               
                 Galli
                 praeter
                 Cingulum
                 seu
                 Baltheum
                 ,
                 gladium
                 adhibent
                 &
                 aurata
                 calcaria
                 ,
                 nihil
                 sacri
                 interposito
                 .
                 Bartholin
                 .
                 Austriad
                 .
                 9.
                 pa.
                 643.
                 
              
               
                 
                   
                     Et
                     mos
                     gemmato
                     mucronem
                     annectere
                     baltheo
                     .
                  
                
                 Recentiores
                 plerique
                 nullum
                 tradunt
                 symbolum
                 ;
                 sed
                 gladio
                 delibant
                 alii
                 scapulas
                 &
                 pectus
                 Candidati
                 ,
                 alii
                 humerum
                 velut
                 percutientes
                 tangunt
                 ,
                 dicentesque
                 
                   sois
                   Chevalier
                   ,
                   au
                   nom
                   de
                   Dieu
                   ,
                
                 gladium
                 apponunt
                 osculandum
                 .
                 Qui
                 humerum
                 feriunt
                 ,
                 colaphum
                 impingentium
                 tenent
                 rationem
                 ;
                 candidato
                 velut
                 interminantes
                 ,
                 ut
                 deinceps
                 nunquam
                 ictum
                 ferat
                 inultus
                 .
                 Vidi
                 aliquando
                 senem
                 Ephaebo
                 filio
                 sic
                 primum
                 porrigentem
                 gladium
                 .
                 Sed
                 hoc
                 Gentilium
                 more
                 ,
                 non
                 Christianorum
                 ;
                 è
                 quibus
                 ictus
                 olim
                 aliquando
                 miles
                 ,
                 respondit
                 ,
                 
                   Non
                   verbera
                   tulissem
                   ,
                   si
                   non
                   essem
                   Christianus
                   .
                
              
            
             
               
                 Qui
                 olim
                 fiebant
                 Milites
                 .
              
               
                 FIebant
                 olim
                 Milites
                 ex
                 solis
                 militibus
                 vel
                 militiae
                 Candidatis
                 ;
                 non
                 servis
                 quantumvis
                 eximiis
                 ,
                 non
                 colonis
                 ,
                 non
                 rusticis
                 ,
                 non
                 burgensibus
                 ,
                 non
                 mercatoribus
                 ,
                 vel
                 togatis
                 .
              
               
                 Non
                 Servis
                 .
                 Hinc
                 Regis
                 filium
                 carpit
                 Virgilius
                 Aen.
                 
                 
                   
                     —
                     Quorum
                     primaevus
                     Helenor
                     ,
                  
                   
                     Maeonio
                     Regi
                     quem
                     serva
                     Licimnia
                     furtim
                  
                   
                     Sustulerat
                     ,
                     vetitisque
                     ad
                     Trojam
                     miserat
                     armis
                     .
                  
                
              
               
                 Vetitis
                 (
                 inquit
                 )
                 armis
                 :
                 quod
                 Helenor
                 licet
                 Regis
                 filius
                 ,
                 ex
                 serva
                 tamen
                 natus
                 ,
                 servus
                 esset
                 :
                 servisque
                 jure
                 militari
                 vetitum
                 fuit
                 arma
                 ferre
                 .
                 Sic
                 Mercatoribus
                 atque
                 Rusticis
                 ,
                 sub
                 quorum
                 appellatione
                 burgenses
                 veniunt
                 ,
                 &
                 coloni
                 ,
                 L.
                 Julia
                 de
                 vi
                 publica
                 ,
                 &
                 Constitutione
                 Frederici
                 Imp.
                 lib.
                 5.
                 
                 Feud
                 .
                 Togatis
                 ;
                 quod
                 in
                 scholis
                 suam
                 habuere
                 militiam
                 ,
                 suas
                 dignitates
                 .
                 A
                 Veterum
                 enim
                 moribus
                 alienum
                 fuit
                 ,
                 ad
                 Gradus
                 provocare
                 suae
                 professioni
                 non
                 competentes
                 .
                 Doctorum
                 primus
                 ,
                 quos
                 invenerim
                 ,
                 in
                 Militiae
                 dignitatem
                 conscriptus
                 est
                 Bartholus
                 de
                 Saxoferrato
                 Jurisconsultus
                 celeberrimus
                 ;
                 qui
                 &
                 cum
                 dignitate
                 Leonem
                 accepit
                 pro
                 insignibus
                 .
              
               
                 Inter
                 classes
                 Vrbicas
                 ,
                 omnium
                 apud
                 nos
                 primus
                 militari
                 cingulo
                 donatus
                 est
                 à
                 Ric.
                 II.
                 Praetor
                 Londinensis
                 ,
                 non
                 servati
                 tantum
                 civis
                 sed
                 regni
                 causa
                 ,
                 cum
                 egregium
                 proditorem
                 inter
                 copias
                 coram
                 Rege
                 exultantem
                 pugione
                 occidisset
                 ;
                 successoribus
                 facto
                 hanc
                 obtinens
                 dignitatem
                 ,
                 pugionemque
                 inscribi
                 clypeo
                 civitatis
                 .
              
               
                 Sunt
                 &
                 qui
                 —
                 aevo
                 —
                 primum
                 ferunt
                 Justitiariorum
                 Angliae
                 Militis
                 donatum
                 titulo
                 .
                 Sed
                 decipiuntur
                 proculdubio
                 ;
                 ut
                 copiose
                 viderint
                 in
                 Catalogis
                 nostris
                 Justitiariorum
                 ;
                 licet
                 &
                 me
                 alterius
                 interdum
                 nitentem
                 fide
                 non
                 errasse
                 alias
                 haud
                 asseruero
                 .
                 Sub
                 Rege
                 —
                 omnes
                 plerumque
                 Justitiarios
                 Tribunales
                 Milites
                 salutabant
                 .
                 Henricus
                 VIII
                 .
                 selectos
                 tantum
                 aliquot
                 .
                 Regina
                 Elizabetha
                 (
                 tenax
                 nimium
                 in
                 conferendis
                 honoribus
                 )
                 vix
                 unum
                 atque
                 alterum
                 ,
                 praeter
                 summos
                 .
                 Jacobus
                 Rex
                 cataractas
                 aperuit
                 Dignitatum
                 ,
                 obrepentibus
                 interea
                 (
                 ne
                 asperius
                 dicam
                 )
                 plurimis
                 ignobilibus
                 .
                 Quippe
                 cum
                 in
                 tota
                 Anglia
                 vix
                 300.
                 reperisset
                 Milites
                 ,
                 ipsos
                 statim
                 ter
                 tribus
                 auxit
                 centenariis
                 .
                 Mirum
                 nostro
                 aevo
                 ,
                 antiquis
                 vero
                 satis
                 assuetum
                 .
                 Henricus
                 III.
                 nuptias
                 sororis
                 suae
                 cum
                 Alexandro
                 Rege
                 Scotiae
                 mille
                 celebravit
                 Militibus
                 .
                 Sed
                 refert
                 Paulus
                 Aemilius
                 ,
                 Philippum
                 Pulchrum
                 Regem
                 Franciae
                 in
                 praelium
                 contra
                 Edouardum
                 III.
                 Regem
                 Angliae
                 ,
                 ter
                 mille
                 descendisse
                 Militibus
                 ,
                 
                   baltheo
                   militari
                
                 (
                 ut
                 ejus
                 utar
                 verbis
                 )
                 
                   virtutis
                   causa
                   donatis
                
                 .
              
            
             
               
               
                 Qui
                 possunt
                 Militem
                 facere
                 .
              
               
                 EOrum
                 fuit
                 Militem
                 facere
                 ,
                 quorum
                 fuit
                 Feodum
                 dare
                 .
                 Nam
                 qui
                 feodum
                 dabat
                 ,
                 Militem
                 constituit
                 ,
                 &
                 patrimonium
                 insuper
                 adjecit
                 quo
                 aleretur
                 .
                 Minus
                 igitur
                 est
                 ,
                 
                   Militem
                   facere
                
                 ,
                 quam
                 &
                 facere
                 &
                 alere
                 .
                 Qui
                 Feudum
                 dare
                 possunt
                 ,
                 exprimit
                 Liber
                 1.
                 de
                 Feudis
                 ,
                 Cap.
                 1.
                 
                 Feudum
                 (
                 inquit
                 )
                 
                   dare
                   possunt
                   ,
                   Archiepiscopus
                   ,
                   Episcopus
                   ,
                   Abbas
                   ,
                   Abbatissa
                   ,
                   Praepositus
                   ;
                   si
                   antiquitus
                   consuetudo
                   eorum
                   fuerit
                   ,
                   feudum
                   dare
                   .
                   Dux
                   ,
                   Marchio
                   ,
                   &
                   Comes
                   similiter
                   ,
                   feudum
                   dare
                   possunt
                   ,
                   qui
                   Regni
                   vel
                   Regis
                   Capitanei
                   dicuntur
                   .
                
                 Addit
                 &
                 Valvasores
                 ,
                 sed
                 minuta
                 plenitudine
                 .
                 Videamus
                 autem
                 an
                 hi
                 milites
                 utique
                 facerent
                 .
              
               
                 Ab
                 Archiepiscopo
                 :
                 Lanfrancus
                 Archiepiscopus
                 Cantuariae
                 ,
                 Gulielmum
                 Rufum
                 quem
                 nutriverat
                 ,
                 
                   Militem
                   fecit
                   ,
                   patre
                   adhuc
                   vivente
                
                 ;
                 uti
                 referunt
                 Malmesburiensis
                 &
                 Parisius
                 ,
                 hic
                 in
                 Anno
                 1087.
                 pa.
                 13.
                 ille
                 pa.
                 120.
                 
              
               
                 Sic
                 Goslariae
                 ,
                 
                   per
                   concessionem
                   Archiepiscopi
                
                 (
                 Bremensis
                 )
                 
                   primum
                   se
                   Rex
                
                 (
                 puta
                 Henr.
                 III.
                 Imp.
                 )
                 
                   arma
                   bellica
                   succinxit
                
                 .
                 Lambert
                 .
                 Schafnab
                 .
                 in
                 Chro.
                 T.
                 313.
                 
              
               
                 Ab
                 Episcopo
                 :
                 Annales
                 Dominicanorum
                 Colmariens
                 .
                 in
                 Anno
                 1298.
                 
                 Venerabilis
                 (
                 inquiunt
                 )
                 
                   Dominus
                   de
                   Leichtenberg
                   Argent
                   .
                   Episcopus
                   ,
                   fecerat
                   hoc
                   anno
                   ante
                   Festum
                   S.
                   Michaelis
                   Milites
                   ;
                   quos
                   omnes
                   vestivit
                   ad
                   minus
                   triplici
                   vestimento
                   ;
                   soil
                   .
                   Tunica
                   preciosa
                   ,
                   Surgotum
                   nobili
                   vario
                   ,
                   Suchornam
                   cum
                   vario
                   precioso
                   .
                
                 En
                 in
                 uno
                 priscus
                 hic
                 ritus
                 alius
                 ;
                 cum
                 dignitate
                 vestimenta
                 largiri
                 .
                 Sic
                 Henricus
                 III.
                 apud
                 Parisium
                 .
                 Et
                 quidem
                 triplicia
                 :
                 quod
                 ex
                 prisca
                 Romanorum
                 consuetudine
                 ad
                 Equites
                 spectabat
                 ;
                 Pediti
                 enim
                 simplex
                 ,
                 duplex
                 Centurioni
                 ,
                 triplex
                 Equiti
                 dabatur
                 .
              
               
                 Sic
                 in
                 Ecclesia
                 S.
                 Dionysii
                 ,
                 die
                 Dominica
                 per
                 manus
                 Episcoporum
                 armis
                 accingitur
                 
                   Ludovicus
                   Pius
                
                 Imperator
                 ,
                 qui
                 paulo
                 anterius
                 arma
                 deponere
                 &
                 ante
                 altare
                 ponere
                 coactus
                 est
                 .
                 Thegan
                 .
                 in
                 Vit.
                 ejus
                 pagg.
                 250.
                 
                 &
                 253.
                 
              
               
                 Ab
                 Abbate
                 :
                 Sic
                 apud
                 Ingulphum
                 Saxonem
                 ,
                 Herewardus
                 cum
                 aliquot
                 aliis
                 cohortis
                 suae
                 tyronibus
                 ,
                 à
                 Brando
                 Abbate
                 Burgi
                 S.
                 Petri
                 patruo
                 suo
                 (
                 sub
                 An.
                 1068.
                 id
                 est
                 ,
                 2.
                 
                 Gulielm
                 .
                 I.
                 )
                 more
                 Anglico
                 ,
                 quem
                 dedignati
                 sunt
                 Normanni
                 ,
                 Miles
                 factus
                 est
                 .
                 Morem
                 expressit
                 Stowus
                 in
                 Annalibus
                 Vernaculis
                 sub
                 Gulielmo
                 I.
                 Anno
                 1061.
                 
                 Herewardus
                 Anglo-Saxo
                 sub
                 An.
                 1068.
                 (
                 i.
                 e.
                 2.
                 
                 Gulielmi
                 I.
                 )
                 patruelem
                 suum
                 Abbatem
                 Petroburgensem
                 adit
                 ;
                 confessusque
                 &
                 absolutus
                 ,
                 noctem
                 totam
                 in
                 Ecclesia
                 vigilans
                 ,
                 orans
                 ,
                 &
                 jejunans
                 transigit
                 .
                 Mane
                 gladium
                 affert
                 super
                 Altari
                 ,
                 quem
                 (
                 finito
                 Evangelio
                 )
                 consecratum
                 ,
                 Abbas
                 a
                 collo
                 Herewardi
                 suspendit
                 ;
                 benedictumque
                 ipsum
                 &
                 sacra
                 imbutum
                 Eucharistia
                 ,
                 Militem
                 dimisit
                 jam
                 legitimum
                 .
                 Abbatibus
                 vero
                 Milites
                 facere
                 prohibuit
                 Synodus
                 Londinensis
                 sub
                 Anselmo
                 Archiep.
                 Cant.
                 An.
                 1102.
                 
                 Cap.
                 17.
                 quod
                 apud
                 Eadmerum
                 videas
                 lib.
                 3.
                 
                 &
                 Malmesb.
                 lib.
                 1.
                 de
                 gest
                 .
                 Pontif.
                 
              
               
                 De
                 
                   Abbatissa
                   &
                   Praeposito
                
                 ,
                 non
                 habeo
                 quod
                 proferam
                 .
                 Forte
                 quod
                 
                   antiquitus
                   consuetudo
                   corum
                   fuerit
                   ,
                   feudum
                   dare
                
                 (
                 ut
                 Lex
                 ait
                 )
                 
                   aut
                   non
                   omnino
                   ,
                   aut
                   quid●m
                   parcius
                   .
                
                 Viro
                 autem
                 à
                 muliere
                 suscepisse
                 decus
                 Militiae
                 ,
                 probrum
                 videretur
                 .
              
               
                 Praeter
                 hos
                 Ecclesiasticos
                 ,
                 qui
                 Feodum
                 dare
                 potuerunt
                 ,
                 Sacerdoti
                 etiam
                 licuit
                 inter
                 Anglo-Saxones
                 Militem
                 facere
                 .
                 Sic
                 enim
                 Ingulphus
                 :
                 
                   Post
                   Evangelium
                   Sacerdos
                   benedictum
                   gladium
                   collo
                   Militis
                   eum
                   benedictione
                   componeret
                   ,
                
                 &c.
                 ut
                 supra
                 .
              
               
                 Haec
                 de
                 Ecclesiasticorum
                 Militibus
                 ;
                 quorum
                 gesta
                 Feodalia
                 &
                 privata
                 multo
                 accuratius
                 olim
                 mandabantur
                 literis
                 ,
                 quam
                 Laicorum
                 Procerum
                 .
                 Nemo
                 vero
                 opinabitur
                 ,
                 Proceres
                 Seculares
                 ,
                 quibus
                 totus
                 in
                 Bello
                 genius
                 ,
                 minus
                 valuisse
                 in
                 militaribus
                 dignitatibus
                 conferendis
                 ,
                 quam
                 Magnates
                 Ecclesiae
                 ,
                 belli
                 inimicos
                 .
              
               
                 Ducem
                 Burgundiae
                 ,
                 celeberrimum
                 instituisse
                 ordinem
                 
                   Militum
                   aurei
                   velleris
                
                 ,
                 nemo
                 non
                 novit
                 .
                 Et
                 ducem
                 Britanniae
                 suos
                 creasse
                 Milites
                 ,
                 inferiu
                 ▪
                 patebit
                 .
              
               
                 Marchiones
                 ,
                 qui
                 aliud
                 non
                 sunt
                 quam
                 
                   Comites
                   limitanei
                
                 ,
                 Comites
                 vero
                 primarii
                 
                 ordinis
                 ,
                 parem
                 sine
                 dubio
                 (
                 si
                 non
                 supra
                 )
                 cum
                 Comitibus
                 potestatem
                 habuerunt
                 .
              
               
                 Ad
                 montem
                 ,
                 qui
                 castro
                 de
                 Lewes
                 supereminet
                 ,
                 se
                 applicant
                 
                   (
                   Barones
                
                 )
                 ubi
                 ordinatis
                 alis
                 &
                 arcubalistis
                 atque
                 peditibus
                 bene
                 dispositis
                 ,
                 Gilbertum
                 Comitem
                 Gloverniae
                 Comes
                 Leycestriae
                 Symon
                 armis
                 militaribus
                 decoravit
                 .
                 
                   Breviar
                   .
                   de
                   Bello
                   .
                   (
                   Sed
                   hoc
                   forte
                   ,
                   ut
                   à
                   Principe
                   Militiae
                   .
                   )
                
              
               
                 In
                 Veteri
                 MS.
                 Codice
                 familiae
                 Sharneburnorum
                 ,
                 legimus
                 ,
                 quod
                 in
                 Militia
                 Terrae
                 Sanctae
                 ,
                 aevo
                 Regis
                 Ricardi
                 I.
                 
                   Will.
                   de
                   Rustings
                   &
                   Alan
                   de
                   Sharnburne
                   facti
                   sunt
                   Milites
                   de
                   manu
                   Comitis
                   Arundel
                   .
                   tertii
                   .
                   Et
                   Andreas
                   de
                   Sharnburn
                   similiter
                   tempore
                   Regis
                   Johannis
                   ,
                   de
                   manu
                   Willielmi
                   Comitis
                   Arundel
                   .
                
                 IV.
                 Et
                 ne
                 Comites
                 hoc
                 fecisse
                 à
                 Rege
                 delegatos
                 cogites
                 ;
                 Giraldus
                 Cambrensis
                 in
                 Itinerario
                 Cambriae
                 (
                 Ca.
                 12.
                 )
                 refert
                 ,
                 15.
                 
                 Armigeros
                 (
                 tempore
                 Henrici
                 I.
                 )
                 cingulo
                 militari
                 donatos
                 &
                 armis
                 Dominorum
                 suorum
                 decoratos
                 à
                 Constabulario
                 Castri
                 de
                 Pembrock
                 primipilo
                 Arnulphi
                 de
                 Montgomery
                 .
                 Licuit
                 forte
                 milites
                 suos
                 Feodales
                 hac
                 insignire
                 dignitate
                 ,
                 non
                 alienos
                 .
                 
                   (
                   Quaere
                   .
                
                 )
              
               
                 Sic
                 in
                 An.
                 Gratiae
                 1306.
                 cum
                 Ducem
                 sibi
                 constituissent
                 Scoti
                 
                   Gulielmum
                   Waleys
                   ;
                   militiae
                
                 (
                 inquit
                 Walsinghamus
                 ,
                 in
                 Edw.
                 I.
                 )
                 
                   donatus
                   est
                   cingulo
                   à
                   quodam
                   Comite
                   regionis
                   illius
                   .
                
              
               
                 Creabantur
                 &
                 à
                 Civibus
                 Belcarii
                 ,
                 &
                 in
                 Provincia
                 ,
                 (
                 Joh.
                 Tilius
                 de
                 Reb.
                 Gall.
                 lib.
                 2.
                 ca.
                 de
                 Equitib
                 .
                 pa.
                 180.
                 )
              
               
                 Poterat
                 &
                 Miles
                 (
                 ut
                 quidam
                 asserunt
                 )
                 eum
                 Militem
                 facere
                 ,
                 qui
                 à
                 Patre
                 natus
                 est
                 Milite
                 ;
                 quod
                 haec
                 dignitas
                 ad
                 talem
                 pertinuisse
                 habita
                 est
                 tam
                 ex
                 jure
                 quam
                 ex
                 gratia
                 ;
                 ut
                 ex
                 eo
                 liqueat
                 quod
                 Edouardus
                 I.
                 proclamari
                 fecit
                 per
                 totam
                 Angliam
                 ,
                 ut
                 
                   quotquot
                   tenerentur
                   fieri
                   Milites
                   successione
                   paterna
                   ,
                   &
                   qui
                   haberent
                   unde
                   militarent
                   ;
                   adessent
                   gradum
                   suscepturi
                   .
                
              
               
                 Sic
                 Alexander
                 Rex
                 Scotiae
                 ,
                 licet
                 ab
                 Henrico
                 III.
                 Rege
                 Angliae
                 armis
                 cingeretur
                 militaribus
                 ,
                 
                   potuisset
                   tamen
                
                 (
                 inquit
                 pa.
                 803.
                 )
                 
                   ipsa
                   arma
                   suscipere
                   à
                   quovis
                   Principe
                   Catholico
                   ,
                   vel
                   ab
                   aliquo
                   Nobilium
                   suorum
                   .
                
              
               
                 Franciscus
                 I.
                 Galliae
                 Rex
                 
                   equestre
                   baltheum
                   &
                   ensem
                   accepit
                   à
                   Petro
                   Baiardo
                   copiarum
                   Praefecto
                   in
                   pugna
                   Marigniana
                   apud
                   Insubres
                   ,
                
                 17.
                 
                 
                   Kal.
                   Octobr.
                   An.
                
                 1515.
                 
                 Chopp
                 .
                 de
                 Doman
                 .
                 lib.
                 3.
                 
                 Tit.
                 26.
                 
                 Sect.
                 13.
                 pa.
                 574.
                 in
                 med
                 .
              
               
                 Ferdinandus
                 Rex
                 Portugalliae
                 praelium
                 initurus
                 anno
                 1382.
                 ab
                 Edmundo
                 Comite
                 Cantabrigiae
                 Anglo
                 ,
                 in
                 proprio
                 suo
                 regno
                 factus
                 est
                 Miles
                 .
              
               
                 Henricus
                 VI.
                 Rex
                 Angliae
                 in
                 festo
                 Pentecostes
                 An.
                 1424.
                 regni
                 4.
                 miles
                 factus
                 est
                 à
                 Duce
                 Bedfordiae
                 subdito
                 suo
                 ,
                 Galliae
                 Regente
                 ;
                 cum
                 jam
                 vitae
                 &
                 regni
                 annum
                 quartum
                 ageret
                 .
                 
                   Hollinsh
                   .
                   eo
                   anno
                
                 .
              
               
                 Ludovicus
                 XI
                 .
                 quum
                 ille
                 Remis
                 induta
                 purpura
                 Francici
                 Imperii
                 habenas
                 capesseret
                 ,
                 à
                 Philippo
                 Burgundiorum
                 Duce
                 ad
                 hoc
                 rogato
                 Eques
                 cingitur
                 ,
                 18.
                 
                 Cal.
                 Sept.
                 An.
                 1461.
                 
                 Chopp
                 .
                 Doman
                 .
                 lib.
                 3.
                 
                 Tit.
                 26.
                 nu
                 .
                 13.
                 pa.
                 574.
                 
              
            
             
               
                 Historia
                 de
                 Offa
                 primo
                 ,
                 qui
                 strenuitate
                 sua
                 Angliae
                 maximam
                 partem
                 subegit
                 :
                 cui
                 simillimus
                 fuit
                 secundus
                 Offa.
                 
              
               
                 Proceres
                 consulunt
                 Regi
                 
                   (
                   Offae
                   I.
                
                 )
                 ut
                 filium
                 suum
                 moribus
                 &
                 aetate
                 ad
                 hoc
                 maturum
                 ,
                 militari
                 cingulo
                 faciat
                 insigniri
                 ,
                 ut
                 ad
                 bellum
                 procedens
                 hostibus
                 suis
                 horrori
                 fieret
                 &
                 formidini
                 .
                 Rex
                 celebri
                 ad
                 hoc
                 condicto
                 die
                 ,
                 cum
                 solempni
                 &
                 regia
                 pompa
                 gladio
                 filium
                 suum
                 accinxit
                 ;
                 adjunctis
                 vero
                 tyrocinio
                 suo
                 strenuis
                 adolescentibus
                 generosis
                 ,
                 quos
                 Rex
                 ad
                 decus
                 &
                 gloriam
                 filii
                 sui
                 
                   [
                   armis
                
                 ]
                 Militaribus
                 indui
                 fecit
                 &
                 honorari
                 .
                 
                   fol.
                   3.
                   a.
                
                 
              
               
                 Militem
                 autem
                 à
                 non
                 Milite
                 faciendum
                 negarunt
                 Veteres
                 ,
                 quamvis
                 à
                 Rege
                 .
                 Cum
                 igitur
                 Ferdinandus
                 Rex
                 Portugalliae
                 An.
                 1382.
                 in
                 procinctu
                 aciei
                 ,
                 viginti
                 quatuor
                 vel
                 eo
                 supra
                 ,
                 armis
                 imbuisset
                 militaribus
                 ;
                 nunciatumque
                 ei
                 esset
                 ,
                 minime
                 illos
                 fore
                 Milites
                 ,
                 quod
                 Rex
                 ipse
                 nondum
                 Miles
                 cingeretur
                 ;
                 cincturam
                 protinus
                 ab
                 Edmundo
                 Comite
                 Cantabrigiae
                 (
                 qui
                 in
                 acie
                 versabatur
                 )
                 auspicatus
                 ,
                 caeteros
                 omnes
                 redintegravit
                 
                   Milites
                   .
                   —
                   Disseraō
                   que
                   por
                   elle
                   naō
                   
                   sero
                   feito
                   Cavalleiro
                   post
                   que
                   ret
                   foset
                   ,
                   naō
                   podia
                   fazer
                   Cavalleirs
                   .
                   Eutamo
                   armon
                   Cavalleiro
                   o
                   Cond●
                   Aymon
                   de
                   Camburg
                   v
                   fez
                   el
                   rei
                   de
                   novo
                   o●
                   mesmos
                   Cavalleiros
                   que
                   tintra
                   feitos
                   o
                   outros
                   .
                
                 1382.
                 
                 Chron.
                 de
                 Portug
                 .
                 reform
                 .
                 peto
                 Duarto
                 Nun
                 ez
                 do
                 haō
                 na
                 vida
                 del
                 Fernando
                 .
                 hoio
                 226.
                 
              
               
                 Et
                 licet
                 justa
                 ev●neat
                 ratio
                 ,
                 ut
                 inferior
                 semper
                 omnem
                 a
                 superiore
                 referat
                 dignitatem
                 ;
                 minor
                 a
                 majore
                 :
                 supremae
                 tamen
                 potestatis
                 Principi
                 ,
                 qui
                 culminis
                 sui
                 territorium
                 securus
                 non
                 egrediatur
                 ,
                 necessario
                 competit
                 ,
                 ut
                 non
                 solum
                 ab
                 inferiore
                 consequatur
                 hunc
                 honorem
                 ,
                 sed
                 a
                 subdito
                 etiam
                 suo
                 &
                 vassallo
                 .
              
               
                 Hodie
                 creandi
                 Militis
                 Privilegium
                 apud
                 supremae
                 Potestatis
                 Principes
                 tantummodo
                 retinetur
                 ;
                 &
                 his
                 omnibus
                 aeque
                 competit
                 ,
                 cujuscunque
                 fuerint
                 gradus
                 aut
                 fastigii
                 .
                 Majores
                 tamen
                 habentnr
                 Milites
                 ,
                 qui
                 à
                 Majore
                 constituuntur
                 Principe
                 ;
                 &
                 laudatior
                 consuetudo
                 quae
                 antiquior
                 .
                 Danorum
                 Reges
                 (
                 ut
                 mihi
                 auctor
                 est
                 Crantzius
                 )
                 ante
                 —
                 (
                 qui
                 patrum
                 nostrorum
                 memoria
                 floruit
                 )
                 crearunt
                 neminem
                 .
                 Nec
                 Romani
                 (
                 ut
                 dicitur
                 )
                 Pontifices
                 ,
                 ante
                 Paulum
                 III.
                 qui
                 Nicolaum
                 de
                 Ponte
                 Senatorem
                 Venetum
                 primarium
                 statuit
                 .
                 Quid
                 Dux
                 ipse
                 Venetus
                 ,
                 nondum
                 reperi
                 :
                 nec
                 Belgarum
                 Ordines
                 hoc
                 aggressos
                 .
                 Successores
                 vero
                 Pontifices
                 ,
                 suos
                 quinque
                 Milites
                 non
                 tantum
                 fecerunt
                 ;
                 sed
                 coacta
                 pecunia
                 (
                 ut
                 Sansouinus
                 refert
                 )
                 ordinis
                 alicujus
                 clientelares
                 ,
                 suo
                 de
                 nomine
                 nuncupatos
                 :
                 Milites
                 seil
                 .
                 S.
                 Petri
                 ,
                 S.
                 Pauli
                 ;
                 Milites
                 —
                 
                   Julii
                   ,
                   Pii
                   ,
                   Lauretanos
                
                 ,
                 &c.
                 
              
               
                 Morem
                 denique
                 Imperatores
                 Turcici
                 amplexi
                 sunt
                 ,
                 ex
                 quo
                 Selnnus
                 truculentus
                 ille
                 
                   Gentilem
                   Belinum
                
                 egregium
                 pictorem
                 (
                 Constantinopolim
                 accersitum
                 ,
                 ut
                 aulam
                 Regiam
                 depingeret
                 )
                 torque
                 &
                 codicillo
                 Militiae
                 donavit
                 .
                 Quaeritur
                 autem
                 an
                 legitimus
                 hic
                 Miles
                 ?
                 Sunt
                 enim
                 qui
                 negant
                 :
                 &
                 mihi
                 quidem
                 videtur
                 legitimus
                 (
                 ut
                 Juliani
                 olim
                 Milites
                 )
                 sed
                 in
                 militiam
                 conscribi
                 Turcicam
                 ,
                 non
                 Christianam
                 .
                 De
                 Principe
                 Excommunicato
                 dignitatem
                 conferente
                 ,
                 pariter
                 judi●andum
                 Canonicis
                 .
              
            
             
               
                 Judices
                 sub
                 Equitum
                 Appellatione
                 censeri
                 :
                 scil
                 .
                 Equites
                 esse
                 Palatinos
                 .
              
               
                 APud
                 Romanos
                 ,
                 Judices
                 omnes
                 qui
                 non
                 erant
                 Senatores
                 ,
                 ex
                 Equitibus
                 legebantur
                 ,
                 &
                 equestribus
                 igitur
                 innotuerunt
                 symbolis
                 ,
                 
                   annulo
                   ,
                   Equo
                
                 ,
                 &
                 angusto
                 clavo
                 .
                 In
                 Equitum
                 vero
                 appellatione
                 non
                 sunt
                 cogniti
                 vulgariter
                 ,
                 quod
                 minor
                 haec
                 dignitas
                 sub
                 majori
                 illa
                 delituit
                 .
                 
                   Tametsi
                   Judicum
                   non
                   Equitum
                   nomina
                   ferrent
                
                 (
                 inquit
                 1
                 Alexand.
                 ab
                 Alex.
                 )
                 
                   tamen
                   Equestris
                   fuisse
                   ordinis
                   ,
                   &
                   inter
                   Equites
                   —
                   ,
                   haud
                   dubium
                   est
                   .
                
                 Qui
                 in
                 Provinciam
                 itaque
                 sub
                 Impp.
                 missus
                 est
                 Judex
                 ;
                 militum
                 more
                 alias
                 chlamyde
                 donabatur
                 ,
                 ut
                 apud
                 Cassiodorum
                 videas
                 lib.
                 6.
                 
                 Variar
                 .
                 ca.
                 21.
                 alias
                 gladio
                 instruebatur
                 ,
                 ut
                 lib.
                 7.
                 ca.
                 1.
                 in
                 formula
                 Comitivae
                 Provinciae
                 :
                 Gladio
                 (
                 inquit
                 )
                 
                   bellico
                   rebus
                   paratis
                   accingitur
                
                 :
                 Sed
                 addit
                 inferius
                 ;
                 
                   Arma
                   ista
                   juris
                   sunt
                   ,
                   non
                   furoris
                   contra
                   noxios
                   instituta
                   ,
                   ut
                   plus
                   pavor
                   corrigat
                   quam
                   paena
                   consumat
                   —
                   Civilis
                   est
                   pavor
                   iste
                   ,
                   non
                   bellicus
                   ,
                
                 &c.
                 
                 Haec
                 apud
                 Romanos
                 ;
                 &
                 passim
                 similiter
                 .
                 Cum
                 enim
                 populis
                 omnis
                 Borealis
                 (
                 ad
                 exemplum
                 Germanorum
                 )
                 nihil
                 facerent
                 non
                 armati
                 ;
                 Magistratus
                 omnis
                 &
                 potestas
                 Judiciaria
                 penes
                 militares
                 retinebatur
                 ,
                 ut
                 in
                 Wisegothorum
                 LL.
                 lib.
                 2.
                 
                 Tit.
                 2.
                 ca.
                 26.
                 animadvertas
                 ,
                 &
                 in
                 caeteris
                 pluries
                 antiquis
                 legibus
                 .
                 Divisus
                 enim
                 tune
                 populus
                 in
                 militares
                 &
                 agricolas
                 :
                 his
                 autem
                 illos
                 jus
                 dixisse
                 ,
                 clarum
                 est
                 ex
                 Tacito
                 .
              
               
                 Cinguntur
                 ●g●tur
                 Judices
                 ,
                 ne
                 non
                 Milites
                 haberentur
                 ;
                 sed
                 Palatini
                 non
                 Castren●●s
                 :
                 quos
                 sie
                 distinguit
                 vetus
                 quidam
                 apud
                 Balbum
                 :
                 
                   
                     Miles
                     pungit
                     Equum
                     ,
                     sed
                     Judex
                     judicat
                     aequum
                     :
                  
                
                 
                 Intellige
                 ;
                 Miles
                 castrensis
                 pungit
                 equum
                 ;
                 sed
                 Miles
                 forensis
                 seu
                 Palatinus
                 ,
                 i.
                 e.
                 Judex
                 ,
                 judicat
                 aequum
                 .
              
               
                 De
                 Palatino
                 Milite
                 sic
                 Fulbertus
                 Carnotensis
                 in
                 Hymno
                 Paschali
                 Resp
                 .
                 §
                 .
                 1.
                 pa.
                 204.
                 
              
               
                 
                   Ipsum
                   canendo
                   supplices
                
                 
                   Regem
                   precemur
                   milites
                   ,
                
                 
                   Vt
                   in
                   suo
                   clarissimo
                
                 
                   Nos
                   ordinet
                   palatio
                   .
                
              
               
                 Hinc
                 &
                 Judex
                 ,
                 
                   Miles
                   justitiae
                
                 nuncupatur
                 :
                 
                   quod
                   nostro
                   tempore
                
                 (
                 inquit
                 Balbus
                 )
                 
                   potest
                   esse
                   una
                   dictio
                   composita
                   ,
                   &
                   tunc
                   pertinet
                   ad
                   quoddam
                   officium
                   reddendi
                   justitiam
                   .
                
                 Sed
                 quando
                 sunt
                 duae
                 partes
                 ,
                 
                   Miles
                   Justitiae
                
                 dicitur
                 quicunque
                 est
                 Miles
                 justus
                 .
                 Conradi
                 igitur
                 Faburiens
                 .
                 vocabulo
                 dicatur
                 
                   Miles
                   Justicus
                
                 ,
                 ut
                 sic
                 à
                 justo
                 distinguatur
                 .
                 Videtur
                 Froissardus
                 lib.
                 1.
                 ca.
                 177.
                 hunc
                 Militem
                 Justitiae
                 ,
                 
                   Chevalier
                   de
                   Loix
                   ,
                   Militem
                   juris
                   ,
                
                 appellare
                 .
                 De
                 tribus
                 locutus
                 Militibus
                 ,
                 quos
                 Chevaliers
                 vocat
                 :
                 
                   dont
                   les
                   deux
                
                 (
                 inquit
                 )
                 
                   estoient
                   d'
                   armes
                   ,
                   &
                   le
                   tiers
                   de
                   loix
                   :
                   les
                   deux
                   Chevaliers
                   d'
                   armes
                   estoient
                   Monsieur
                   Robert
                   le
                   Clermont
                   gentil
                   &
                   noble
                   grandement
                   ;
                   l'
                   autre
                   le
                   Signeur
                   de
                   Constan
                   :
                   le
                   Chevalier
                   de
                   loix
                   estoit
                   Monsieur
                   Simon
                   de
                   Bussy
                   ,
                
                 quem
                 Gulielmus
                 de
                 Nanges
                 ejus
                 aequalis
                 dicit
                 fuisse
                 
                   Conseiller
                   au
                   grand
                   Conseil
                
                 ,
                 i.
                 e.
                 à
                 consiliis
                 Privati
                 Consilii
                 Regis
                 ,
                 &
                 primus
                 Praeses
                 Parliamenti
                 .
                 (
                 E
                 Carolo
                 Loyseau
                 pa.
                 130.
                 )
              
               
                 Dicuntur
                 &
                 Juris
                 isti
                 Milites
                 apud
                 Auctorem
                 de
                 la
                 Romant
                 de
                 la
                 Rose
                 ,
                 
                   Chivaliers
                   de
                   la
                   lecture
                
                 ,
                 Milites
                 lectionis
                 .
              
               
                 
                   Qui
                   veultu
                   pur
                   la
                   foy
                   defendre
                   ,
                
                 
                   Quelque
                   Chevalerie
                   emprendre
                   ,
                
                 
                   Ou
                   soit
                   d'
                   armes
                   ,
                   ou
                   soit
                   de
                   lectures
                   ,
                
                 
                   Ou
                   aultres
                   convenables
                   cures
                   .
                
              
            
             
               
                 De
                 Loco
                 &
                 tempore
                 Creationis
                 .
              
               
                 LOcus
                 quo
                 facti
                 sunt
                 olim
                 Milites
                 non
                 solum
                 solennis
                 fuit
                 propter
                 rei
                 dignitatem
                 ;
                 sed
                 etiam
                 sacer
                 :
                 templum
                 ,
                 Ecclesia
                 ,
                 capella
                 ;
                 &
                 in
                 istis
                 pars
                 praecipua
                 ,
                 coram
                 Altari
                 .
                 Prementeque
                 aliquando
                 turba
                 (
                 ut
                 in
                 Edouardi
                 I.
                 illis
                 de
                 quibus
                 diximus
                 )
                 super
                 ipsum
                 Altare
                 .
                 Exemplis
                 scatent
                 ,
                 quae
                 narravimus
                 .
              
               
                 Tantae
                 etiam
                 solennitati
                 dabatur
                 utique
                 solenne
                 Tempus
                 .
                 Ludovicus
                 Pius
                 Imp.
                 ab
                 Episcopis
                 cingitur
                 die
                 Dominica
                 in
                 Ecclesia
                 S.
                 Dionysii
                 .
                 Thegan
                 .
                 pagg.
                 250.
                 
                 &
                 253.
                 
                 Sed
                 ad
                 multorum
                 cincturam
                 statuebatur
                 è
                 grandioribus
                 festum
                 aliquod
                 ,
                 quo
                 ad
                 Aulam
                 confluentibus
                 regni
                 Magnatibus
                 prodire
                 Rex
                 solebat
                 fastu
                 regio
                 coronatus
                 publice
                 ,
                 ut
                 in
                 
                   Natali
                   Domini
                   ,
                   Paschate
                   ,
                   &
                   Pentecoste
                   .
                
                 Sic
                 Henric.
                 I.
                 Gaufridum
                 generum
                 suum
                 cum
                 coaevis
                 in
                 festo
                 Pentecostes
                 Rothomagi
                 auctoravit
                 .
              
               
                 Henricus
                 III.
                 Alexandrum
                 Regem
                 Scotiae
                 &
                 20.
                 alios
                 ad
                 Natale
                 Domini
                 ,
                 Eboraci
                 .
              
               
                 Edouardus
                 I.
                 Edouardum
                 filium
                 suum
                 primogenitum
                 &
                 300.
                 alios
                 ad
                 festum
                 etiam
                 Pentecostes
                 ,
                 ut
                 praedicitur
                 .
              
               
                 Praeter
                 haec
                 ,
                 &
                 insignes
                 Vestimentorum
                 Apparatus
                 ,
                 lautissimis
                 amicos
                 excipiebant
                 Conviviis
                 ;
                 ludisque
                 Equestribus
                 &
                 Mavortiis
                 tyrocinii
                 coronabant
                 festivitatem
                 .
                 Unde
                 Vetus
                 illa
                 Lex
                 ,
                 ut
                 auxilium
                 Domino
                 Vassalli
                 suggerant
                 ad
                 sumptus
                 obeundos
                 in
                 filium
                 primogenitum
                 faciendo
                 Militem
                 .
              
               
                 Contra
                 morem
                 igitur
                 antiquum
                 est
                 ,
                 quod
                 hodie
                 nonnulli
                 jactant
                 ,
                 se
                 creari
                 in
                 procinctu
                 vel
                 sub
                 dio
                 Milites
                 ;
                 alios
                 scioli
                 vellicantes
                 ,
                 qui
                 in
                 Regia
                 (
                 sub
                 tapete
                 ,
                 aiunt
                 )
                 constituti
                 sunt
                 .
                 Sed
                 horum
                 est
                 manu
                 praestare
                 potius
                 quam
                 mente
                 ;
                 Marte
                 quam
                 Minerva
                 ;
                 Veritas
                 è
                 praemissis
                 liquet
                 .
              
               
               
                 De
                 Auxilio
                 quod
                 diximus
                 suggerendo
                 ,
                 illud
                 apud
                 nos
                 observandum
                 est
                 ,
                 ut
                 poscatur
                 solummodo
                 ad
                 filium
                 primogenitum
                 Militem
                 faciendum
                 ;
                 haud
                 tamen
                 antequam
                 aetatis
                 annum
                 15.
                 exegerit
                 .
                 Nec
                 tum
                 (
                 ut
                 olim
                 aliquando
                 )
                 ad
                 libitum
                 Domini
                 ;
                 sed
                 modo
                 &
                 quantitate
                 constitutis
                 :
                 hoc
                 est
                 ,
                 20.
                 sol
                 .
                 sterlingorum
                 de
                 quolibet
                 feodo
                 militari
                 ,
                 &
                 tantundem
                 pariter
                 de
                 quolibet
                 20.
                 libratu
                 praedii
                 rustici
                 ,
                 quod
                 Soccage
                 vocant
                 .
                 Haec
                 ,
                 Statuto
                 Westm
                 .
                 1.
                 ca.
                 35.
                 
                 An.
                 3.
                 
                 Edw.
                 I.
                 Et
                 iisdem
                 Rex
                 conclusus
                 est
                 limitibus
                 ,
                 Stat.
                 An.
                 25.
                 
                 Edw.
                 III.
                 cap.
                 11.
                 
              
            
             
               
                 De
                 Censu
                 Militari
                 .
              
               
                 OLim
                 ingens
                 fuit
                 turba
                 Militum
                 ,
                 ut
                 ex
                 eo
                 liqueat
                 ,
                 quod
                 
                   Militaris
                   census
                   (
                   feodum
                
                 vocant
                 )
                 centenis
                 tantum
                 solidis
                 aestimaretur
                 :
                 tum
                 vero
                 quod
                 hujusmodi
                 feodorum
                 sexaginta
                 millia
                 supra
                 in
                 Anglia
                 numerata
                 fuerint
                 ,
                 licet
                 singula
                 singulis
                 non
                 conferrentur
                 .
                 Patrimonia
                 vero
                 fuisse
                 videantur
                 justorum
                 Militum
                 sub
                 illis
                 seculis
                 .
                 Vetus
                 enim
                 jus
                 nostrum
                 alios
                 non
                 agnovit
                 Milites
                 ,
                 cum
                 relevium
                 Comitis
                 100.
                 libris
                 ;
                 relevium
                 Baronis
                 ,
                 100.
                 marcis
                 ;
                 &
                 relevium
                 Militis
                 ,
                 100.
                 solidis
                 ,
                 definiverit
                 :
                 id
                 est
                 ,
                 juxta
                 unius
                 Anni
                 valorem
                 sui
                 feodi
                 exemplo
                 quod
                 in
                 Lib.
                 de
                 Feudis
                 reperitur
                 .
                 Et
                 videtur
                 insuper
                 ad
                 Militiae
                 apparatum
                 tunc
                 evocari
                 ,
                 quotquot
                 liberi
                 &
                 ingenue
                 tenentes
                 ,
                 de
                 praediis
                 ,
                 centum
                 annuatim
                 numerabant
                 solidos
                 .
              
               
                 Crescente
                 vero
                 rerum
                 pretio
                 ,
                 Henricus
                 III.
                 evocari
                 tantum
                 jubet
                 ,
                 qui
                 10.
                 
                   libratas
                   terrae
                   habebant
                
                 ,
                 ut
                 Parisu
                 utar
                 verbis
                 in
                 An.
                 Dom.
                 1256.
                 
                 Anno
                 37.
                 regni
                 ejus
                 ,
                 qui
                 15.
                 libratas
                 terrae
                 possidebant
                 .
                 
                   Chron.
                   Hollinsh
                   .
                   pa.
                
                 248.
                 col
                 .
                 1.
                 
                 Edouardus
                 I.
                 anno
                 suo
                 primo
                 ,
                 hos
                 qui
                 20.
                 libratis
                 gaudebant
                 .
                 
                   Stat.
                   de
                   Milib
                
                 .
              
               
                 Henricus
                 VIII
                 .
                 regni
                 sui
                 25.
                 illos
                 solum
                 qui
                 40.
                 libras
                 de
                 censu
                 praediali
                 percipiunt
                 .
                 
                   Stow.
                   pa.
                
                 946.
                 
              
            
             
               
                 Modus
                 Exauctorandi
                 Militem
                 ;
                 quod
                 Degradare
                 mincupatur
                 .
              
               
                 DEgradatur
                 Miles
                 ,
                 ademptis
                 per
                 ignominiam
                 judicialiter
                 suae
                 dignitatis
                 symbolis
                 :
                 ut
                 caeteri
                 omnes
                 gradu
                 quolibet
                 insigniti
                 .
                 Ut
                 enim
                 ascribi
                 in
                 militiam
                 nemo
                 potuit
                 non
                 legitime
                 ;
                 sic
                 nec
                 solvi
                 a
                 militia
                 .
                 Solutionem
                 autem
                 Missionem
                 vocabant
                 Romani
                 ;
                 &
                 haec
                 erat
                 triplex
                 ,
                 
                   honesta
                   ,
                   causaria
                   ,
                   &
                   ignominiosa
                   .
                
                 ff
                 .
                 de
                 his
                 qui
                 no.
                 infa
                 .
                 l.
                 2.
                 
                 §
                 .
                 ignominae
                 .
              
               
                 Honesta
                 ,
                 cum
                 miles
                 consueta
                 stipendia
                 meruisset
                 ;
                 quae
                 erant
                 in
                 Praetorianis
                 Cohortibus
                 ,
                 annorum
                 16.
                 in
                 aliis
                 ,
                 20.
                 
                 Tacit.
                 Annal.
                 lib.
                 1.
                 
                 &
                 L.
                 a.
                 de
                 Veteran
                 .
                 Cod.
                 Theod.
                 &
                 Cod.
                 Just
                 .
                 l.
                 9.
                 
                 Veteran
                 .
                 fol.
                 474.
                 d.
                 
              
               
                 Causaria
                 ,
                 quae
                 propter
                 valetudinem
                 à
                 laboribus
                 Militiae
                 solvit
                 .
                 ff
                 .
                 de
                 his
                 qui
                 no.
                 infa
                 .
                 l.
                 2.
                 
                 §
                 .
                 ignominiae
                 .
              
               
                 Ignominiosa
                 ,
                 quae
                 in
                 ignominiam
                 Militis
                 facta
                 est
                 ;
                 &
                 duplex
                 suit
                 .
                 1.
                 
                 Cum
                 is
                 qui
                 mitteret
                 ,
                 adjiceret
                 nominatim
                 ignominiae
                 causa
                 se
                 mittere
                 :
                 
                   semper
                   enim
                
                 (
                 inquit
                 Lex
                 )
                 
                   deb●t
                   addere
                   cur
                   Miles
                   mittatur
                
                 .
                 2.
                 
                 
                   Sed
                   si
                   eum
                   exauctoraverit
                   ,
                   id
                   est
                   ,
                   insignia
                   militaria
                   detraxerit
                   ,
                   inter
                   insames
                   efficit
                   ,
                   licet
                   non
                   addidisset
                   ignominiae
                   causa
                   se
                   eum
                   exauctorasse
                   .
                
                 (
                 ibid.
                 fol.
                 80.
                 b.
                 V.
                 §
                 .
                 seq
                 .
                 de
                 insamis
                 quid
                 .
                 &c.
                 )
                 Hoc
                 illud
                 Missionis
                 genus
                 est
                 ,
                 cui
                 nos
                 jam
                 incumbimus
                 ;
                 dabimusque
                 igitur
                 celebre
                 Exemplum
                 ejus
                 ex
                 Herodiano
                 de
                 Severo
                 Imperatore
                 ;
                 Praetorianos
                 omnes
                 Milites
                 qui
                 Pertinacem
                 Imp.
                 trucidaverant
                 ,
                 pro
                 Tribunali
                 in
                 campo
                 sedente
                 ,
                 recingendos
                 exauctorandosque
                 decernente
                 .
                 Post
                 latam
                 sententiam
                 ,
                 
                   E
                   vestigio
                
                 (
                 inquit
                 Herodianus
                 )
                 
                   Milites
                   Illirici
                   concurrunt
                   ;
                   Praetoriamsque
                   breves
                   illos
                   gladios
                   detrabunt
                   ,
                   quos
                   auro
                   argentoque
                   ornatos
                   in
                   usum
                   pompae
                   suspensos
                   habebant
                   .
                   Tum
                   zonis
                   ,
                   vestituque
                   ,
                   &
                   caeteris
                   militiae
                   insignibus
                   per
                   vim
                   ablatis
                   ,
                   nudos
                   ad
                   unum
                   exauctoratosque
                   dimiserunt
                   .
                
                 In
                 Severo
                 Sect.
                 1.
                 pa.
                 223.
                 
                 To.
                 11.
                 
                 
                   Ignominiae
                   causa
                   
                   missis
                   neque
                   in
                   urbe
                   ,
                   neque
                   alibi
                   ubi
                   Imperator
                   est
                   ,
                   morari
                   licet
                   .
                
                 (
                 ff
                 .
                 de
                 his
                 qui
                 not
                 .
                 intam
                 .
                 §
                 .
                 Miles
                 .
                 fol.
                 80.
                 )
                 
                   Inde
                   Aemilius
                   Macer
                   ,
                   qui
                   ignominia
                   missus
                   est
                   ,
                   neque
                   Romae
                   ,
                   neque
                   in
                   sacro
                   Comitatu
                   agere
                   potest
                   .
                
                 (
                 In
                 l.
                 milites
                 .
                 §
                 .
                 ignominiosa
                 ,
                 ff
                 .
                 de
                 re
                 milit
                 .
                 )
              
               
                 Hinc
                 exauctorandi
                 nostri
                 Militis
                 Aurati
                 caeremonia
                 .
                 Auctorari
                 autem
                 dicitur
                 ,
                 cum
                 quis
                 ad
                 aliquid
                 faciendum
                 obligatur
                 ,
                 ut
                 miles
                 ad
                 militiam
                 ,
                 &c.
                 
                 Exauctorari
                 hic
                 igitur
                 est
                 ,
                 ab
                 obligatione
                 militari
                 solutum
                 esse
                 :
                 quae
                 solutio
                 &
                 dignitatem
                 tollit
                 ,
                 &
                 annexa
                 Privilegia
                 .
                 Vulgo
                 dicitur
                 Degradatio
                 ,
                 quia
                 gradum
                 tollit
                 .
                 Fit
                 igitur
                 omnis
                 Exauctoratio
                 seu
                 Degradatio
                 ,
                 auferendo
                 per
                 ignominiam
                 judicialiter
                 ipsa
                 eadem
                 insignia
                 ,
                 quibus
                 collata
                 est
                 dignitas
                 vel
                 gradus
                 ;
                 cum
                 in
                 secularibus
                 tum
                 in
                 Ecclesiasticis
                 ;
                 ut
                 sigillatim
                 ostenderem
                 ,
                 si
                 prolixitatis
                 non
                 puderet
                 .
                 Sequemur
                 igitur
                 quod
                 in
                 Thesi
                 est
                 ;
                 &
                 omissis
                 Romanorum
                 exemplis
                 ,
                 recentiora
                 quaedam
                 proferemus
                 .
              
               
                 Memorabilis
                 est
                 prae
                 caeteris
                 omnibus
                 male-sana
                 illa
                 Exauctoratio
                 Ludovici
                 Pii
                 Imperatoris
                 Christianissimi
                 ab
                 Episcopis
                 An.
                 Dom.
                 917.
                 
                 Compendii
                 perpetrata
                 :
                 
                   Longa
                   est
                   injuria
                   ,
                   longae
                   ambages
                
                 ;
                 quas
                 in
                 Auctoribus
                 illius
                 seculi
                 ,
                 &
                 nominatim
                 in
                 Libello
                 ;
                 qui
                 Tegano
                 subjungitur
                 ,
                 
                   Exauctoratio
                   Ludovici
                   Pii
                
                 nuncupato
                 ,
                 fuse
                 legas
                 .
                 Coëgerunt
                 autem
                 mitissimum
                 Principem
                 (
                 ut
                 recentius
                 Angli
                 Ricardum
                 II.
                 )
                 reatuum
                 quos
                 imposuerant
                 articulis
                 subscribere
                 ,
                 poenitentiamque
                 cum
                 tristissima
                 confessione
                 profiteri
                 .
                 
                   Post
                   hanc
                   Confessionem
                
                 (
                 inquit
                 Auctor
                 )
                 
                   Chartulam
                   suorum
                   reatuum
                   ,
                   &
                   Confessionis
                   ,
                   ob
                   futuram
                   memoriam
                   Sacerdotibus
                   tradidit
                   ,
                   quam
                   ipsi
                   super
                   Altare
                   posuerunt
                   :
                   ac
                   deinde
                   cingulum
                   Militiae
                   deposuit
                   &
                   super
                   Altare
                   collocavit
                   ,
                   &
                   habitu
                   seculi
                   se
                   exuens
                   ,
                   habitum
                   Poenitentis
                   per
                   impositionem
                   manuum
                   Episcoporum
                   accepit
                   ;
                   ut
                   post
                   tantam
                   talemque
                   poenitentiam
                   ,
                   nemo
                   ultra
                   ad
                   militiam
                   secularem
                   redeat
                   .
                
                 p.
                 147.
                 &
                 seq
                 .
                 Vides
                 hanc
                 Exauctorationem
                 retrograde
                 fieri
                 eisdem
                 vestigiis
                 quibus
                 sub
                 hoc
                 seculo
                 ipsa
                 facta
                 est
                 Militis
                 (
                 ut
                 loquuntur
                 )
                 Creatio
                 seu
                 auctoratio
                 .
                 A
                 Viris
                 Ecclesiasticis
                 ,
                 in
                 Ecclesia
                 ,
                 coram
                 Altari
                 ,
                 praemissis
                 confessione
                 &
                 poenitentia
                 ,
                 solutione
                 cinguli
                 militaris
                 ,
                 ejusdemque
                 repositione
                 super
                 Altare
                 unde
                 in
                 Auctoratione
                 desumptum
                 fuit
                 ;
                 exuto
                 etiam
                 demum
                 seculari
                 ,
                 hoc
                 est
                 militari
                 ,
                 habitu
                 ,
                 ut
                 nunquam
                 postea
                 ad
                 militiam
                 esset
                 redeundum
                 .
              
               
                 Haec
                 de
                 morbo
                 illius
                 tempestatis
                 :
                 recolitur
                 tamen
                 Imperator
                 denuo
                 &
                 cingulo
                 militari
                 ab
                 ipsis
                 Episcopis
                 (
                 ut
                 supra
                 diximus
                 )
                 &
                 omnibus
                 aliis
                 suis
                 insignibus
                 .
              
               
                 Exauctoratur
                 &
                 circa
                 hoc
                 tempus
                 ,
                 paulo
                 anterius
                 ,
                 Odo
                 quidam
                 Ludovici
                 familiaris
                 ,
                 armis
                 scil
                 .
                 ablatis
                 ,
                 ipsoque
                 in
                 exilium
                 deportato
                 .
                 
                   Vit.
                   Lud.
                   Pii
                
                 ,
                 p.
                 238.
                 
              
               
                 Notandum
                 autem
                 est
                 ,
                 sub
                 voce
                 Cingulum
                 ,
                 intelligenda
                 arma
                 omnia
                 ,
                 &
                 ipsam
                 militandi
                 facultatem
                 :
                 eoque
                 sensu
                 in
                 Historiis
                 ,
                 Conciliis
                 ,
                 &
                 Jure
                 Caesareo
                 passim
                 occurrere
                 
                   cingulum
                   tollere
                   ,
                   amittere
                   ,
                   perdere
                   ,
                
                 &
                 hujusmodi
                 .
              
               
                 Accedo
                 ad
                 viciniora
                 ,
                 &
                 nostratia
                 .
                 
                   Andreas
                   Harkela
                
                 Miles
                 Auratus
                 &
                 Comes
                 Carliolensis
                 ,
                 sub
                 An.
                 Dom.
                 1323.
                 seu
                 17.
                 
                 Edw.
                 II.
                 reus
                 agitur
                 coram
                 
                   Gausrido
                   de
                   Scrope
                
                 summo
                 Justitiario
                 Regii
                 Tribunalis
                 (
                 ut
                 quidam
                 perhibent
                 ,
                 )
                 vel
                 
                   Antonio
                   de
                   Lucy
                
                 (
                 qui
                 eum
                 comprehenderat
                 )
                 ut
                 alii
                 referunt
                 ;
                 recte
                 coram
                 utroque
                 ,
                 de
                 re
                 Anglorum
                 Scoto
                 prodenda
                 .
                 Cumque
                 lata
                 esset
                 sententia
                 ,
                 ut
                 spoliatus
                 tam
                 Comitiva
                 dignitate
                 quam
                 Militari
                 ,
                 morte
                 pro
                 more
                 Traditoris
                 afficeretur
                 :
                 statutus
                 est
                 ad
                 repagulum
                 Tribunalis
                 ,
                 ocre●s
                 ,
                 calcaribus
                 ,
                 pellito
                 collobio
                 ,
                 vestibusque
                 aliis
                 Comitivis
                 indutus
                 .
                 Prodiens
                 tunc
                 ,
                 ex
                 mandato
                 Antonii
                 ,
                 ribaldus
                 quidam
                 ,
                 calcaria
                 primum
                 ab
                 Harcleae
                 calcibus
                 detruncat
                 ;
                 fractoque
                 super
                 capite
                 ejus
                 Comitivo
                 gladio
                 ,
                 quem
                 in
                 custodiam
                 tutelamque
                 Comitatus
                 Rex
                 ei
                 praebuerat
                 ,
                 vestibus
                 spoliat
                 &
                 cingulo
                 militari
                 .
                 Spoliatum
                 denique
                 sic
                 alloquitur
                 Antonius
                 .
                 
                   Ribaldus
                   jam
                   efficeris
                   &
                   tu
                   ipse
                   Andreas
                   ,
                   qui
                   nuper
                   Miles
                   fueras
                   &
                   vir
                   dignitatis
                   .
                   Proditionem
                   vero
                   suspendio
                   lues
                   ,
                   tractus
                   ,
                   evisceratus
                   ,
                   &
                   intestinis
                   crematis
                   ,
                   quadrifariam
                   dissectus
                   ,
                   capiteque
                   minutus
                   ,
                   &c.
                   
                
                 
                   Codex
                   Vernac
                   .
                   MS.
                   Ca.
                
                 195.
                 
              
               
                 Specimen
                 aliud
                 habes
                 à
                 
                   Radulpho
                   de
                   Grey
                
                 ,
                 qui
                 cum
                 fidem
                 Regi
                 Edouardo
                 IV.
                 juratam
                 fefellisset
                 ;
                 captusque
                 postea
                 ,
                 in
                 Castello
                 Bamburgensi
                 supremam
                 
                 subiturus
                 esset
                 sententiam
                 ;
                 Comes
                 Worcestriae
                 Constabularius
                 Angliae
                 pro
                 Tribunali
                 sedens
                 ,
                 reum
                 his
                 affatur
                 :
                 
                   Radulphe
                   ,
                   statuerat
                   Rex
                   tuae
                   proditionis
                   ergo
                   ,
                   ut
                   calcaria
                   tibi
                   juxta
                   ipsos
                   calcaneos
                   ab
                   archimagiro
                   (
                   quem
                   praesto
                   hic
                   vides
                   praecinctum
                   lint●o
                   ,
                   &
                   instructum
                   cultro
                   )
                   discuterentur
                   .
                   Adsunt
                   etiam
                   ex
                   mandato
                   Regis
                   (
                   ut
                   ipse
                   hic
                   vides
                   )
                   Rex
                   Armorum
                   &
                   Heraldi
                   alii
                   cum
                   tunica
                   insignium
                   tuorum
                   militarium
                   ,
                   quam
                   à
                   corpore
                   tuo
                   dilacerantes
                   avellerent
                   ,
                   ut
                   tam
                   nobilitatis
                   tuae
                   &
                   insignium
                   Gentilitiorum
                   spoliareris
                   ,
                   quam
                   dignitatis
                   tuae
                   militaris
                   .
                   En
                   &
                   alia
                   tunica
                   tuorum
                   armorum
                   reverso
                   ordine
                   depictorum
                   ,
                   qua
                   ad
                   supplicium
                   raptus
                   induereris
                   ,
                   tanquam
                   ex
                   jure
                   ad
                   te
                   pertinente
                   .
                   Degradationem
                   tamen
                   tuam
                   à
                   militari
                   dignitate
                   ,
                   armorumque
                   &
                   Nobilitatis
                   tuae
                   ademptionem
                   remisit
                   &
                   pepercit
                   tibi
                   Rex
                   ;
                   corum
                   memor
                   ,
                   quae
                   praeclarus
                   avus
                   tuus
                   in
                   causa
                   illustrissimorum
                   praedecessorum
                   ipsius
                   Regis
                   passus
                   est
                   .
                
                 Lato
                 tandem
                 judicio
                 ,
                 ad
                 supplicium
                 tractus
                 est
                 truncatusque
                 capite
                 ,
                 ut
                 Stowus
                 refert
                 :
                 sed
                 ut
                 Fabianus
                 ,
                 
                   tractus
                   ,
                   suspensus
                   ,
                   &
                   quadripartitus
                   ,
                
                 An.
                 Dom.
                 1464.
                 
                 Regis
                 4.
                 
              
               
                 Consedente
                 pro
                 Tribunali
                 regio
                 in
                 aula
                 Westm
                 .
                 D.
                 Thoma
                 Howard
                 Comite
                 Arundelio
                 summo
                 Angliae
                 Comite
                 Marescallo
                 ,
                 auream
                 ferente
                 muneris
                 sui
                 virgam
                 ,
                 adjunctis
                 a
                 dextra
                 &
                 à
                 sinistra
                 —
                 Franciscus
                 à
                 ministro
                 ad
                 repagulum
                 Curiae
                 adducitur
                 ,
                 &
                 parte
                 interiori
                 super
                 scamno
                 collocatur
                 è
                 regione
                 D.
                 Marescalli
                 ;
                 stans
                 &
                 vestitu
                 quo
                 solet
                 palliatus
                 ,
                 sed
                 ocreis
                 &
                 calcaribus
                 auratis
                 indutus
                 ,
                 gladioque
                 cinctus
                 qui
                 per
                 Baltheum
                 coriaceum
                 à
                 dextro
                 humero
                 ad
                 sinistrum
                 dependebat
                 latus
                 .
                 Facto
                 silentio
                 legebatur
                 publice
                 ab
                 Heraldo
                 libellus
                 ,
                 reatum
                 suum
                 &
                 sententiam
                 inferioris
                 conclavis
                 Parlamentarii
                 continens
                 .
                 Quo
                 finito
                 ,
                 corrigia
                 calcariorum
                 ejus
                 discidit
                 —
                 ;
                 arreptaque
                 calcaria
                 projiciebat
                 in
                 aulam
                 :
                 deinde
                 discidit
                 baltheum
                 ,
                 curavitque
                 ut
                 gladi●s
                 in
                 terram
                 caderet
                 :
                 quia
                 in
                 militaribus
                 Exercitiis
                 lateri
                 ignominiae
                 sit
                 ,
                 si
                 qua
                 pars
                 armorum
                 ad
                 terram
                 ceciderit
                 ;
                 ideoque
                 Heraldorum
                 juris
                 est
                 .
              
               
                 FINIS
                 .
              
            
          
        
      
       
         
           
             
             
               HISTORIA
               FAMILIAE
               DE
               SHARNBURN
               .
            
             
               E
               veteri
               MS.
               recensuit
               D.
               
                 HENRICUS
                 SPELMANNUS
              
               .
            
          
           
             
             
               HEN.
               SPELMANNUS
               Lectori
               .
            
             
               
                 Non
                 vulgare
                 vides
                 Monumentum
                 ;
                 forte
                 videbis
              
               
                 Haud
                 duo
                 praeterea
                 talia
                 ,
                 siqua
                 vides
                 .
              
            
             
               
                 No
                 vulgar
                 Monument
                 you
                 see
                 ,
                 scarce
                 two
              
               
                 The
                 like
                 you
                 'l
                 find
                 ,
                 if
                 any
                 one
                 you
                 do
                 .
              
            
          
        
         
           
             
             
               HISTORIA
               FAMILIAE
               DE
               SHARNBURN
               .
            
             
               LOngo
               tempore
               post
               adventum
               Saxonum
               Paganorum
               in
               Angliam
               ,
               
               fuit
               quidam
               Thokus
               qui
               fuit
               Paganus
               Dominus
               de
               integra
               villa
               de
               Shenebruina
               ,
               &
               habuit
               unam
               filiam
               ,
               quam
               dedit
               cuidam
               homini
               strenuo
               vocato
               Ingolf
               ;
               &
               cum
               ea
               dedit
               ei
               totam
               terram
               &
               mariscum
               quod
               ipse
               habuit
               versus
               occidentem
               praedictae
               villae
               de
               Shenebruina
               usque
               mare
               ,
               ubi
               ipse
               Ingolf
               quandam
               villam
               fecit
               ,
               &
               vocavit
               illam
               nomine
               suo
               Ingolfestorp
               .
               Et
               Sanctus
               Foelix
               quando
               venit
               de
               Burgundia
               per
               consilium
               Honorii
               Archiepiscopi
               Cantuar.
               applicuit
               in
               partibus
               Estanglorum
               quae
               postea
               dicta
               fuit
               
                 Norfolchia
                 &
                 Suffolchia
              
               ,
               &
               convertit
               ad
               fidem
               Eorpwaldum
               Regem
               illius
               patriae
               &
               baptizavit
               eum
               ,
               viz.
               An.
               Dom.
               .....
            
             
               Et
               postea
               per
               licentiam
               praedicti
               Eorpwaldi
               Regis
               ivit
               per
               mare
               versus
               partes
               
               occidentales
               illius
               patriae
               ,
               &
               applicuit
               apud
               Babynglee
               ,
               &
               convertit
               ad
               fidem
               Dominum
               &
               omnes
               homines
               illius
               terrae
               ,
               &
               fecit
               ibidem
               aedificari
               unam
               Ecclesiam
               ,
               quae
               fuit
               prima
               Ecclesia
               illius
               partis
               Norff.
               Et
               deinde
               ivit
               ad
               Shenebruinam
               &
               baptizavit
               praedictum
               Thokum
               ,
               &
               omnes
               homines
               suos
               ,
               &
               praecepit
               ei
               ut
               ipse
               faceret
               ibi
               unam
               Ecclesiam
               ,
               &
               fecit
               ibi
               unam
               parvam
               Ecclesiam
               de
               Meremio
               ,
               quae
               vocabatur
               per
               longum
               tempus
               
                 le
                 Stoke
                 Chappel
              
               ,
               &
               postea
               fuit
               dedicata
               per
               praedictum
               Sanctum
               Foelicem
               in
               honorem
               Apostolorum
               Petri
               &
               Pauli
               ,
               &
               sic
               fuit
               illa
               Ecclesia
               in
               Shenebruina
               secunda
               Ecclesia
               illius
               partis
               Norff.
               &
               ita
               fuit
               praedictus
               Thokus
               effectus
               Christianus
               ,
               &
               tota
               vita
               sua
               fuit
               
               Dominus
               de
               integra
               villa
               de
               Shenebruina
               ,
               &
               haeredes
               ejus
               similiter
               post
               eum
               fuerunt
               Domini
               ejusdem
               villae
               usque
               Canutus
               Rex
               Danorum
               conquestus
               fuit
               Angliam
               .
               Quo
               tempore
               quaedam
               puella
               de
               progenie
               praedicti
               Thoki
               ,
               &
               haeres
               sua
               linealiter
               descendendo
               fuit
               Domina
               de
               integra
               villa
               de
               Shenebruina
               
               praedicta
               ,
               quae
               desponsata
               fuit
               cuidam
               Edwyno
               ,
               qui
               venit
               in
               Angliam
               cum
               praedicto
               Canuto
               Rege
               Daniae
               ,
               ut
               patet
               in
               sequenti
               .
               Edwinus
               Dacus
               venit
               de
               
                 Dacia
                 (
                 i.
                 e.
                 Denmark
              
               )
               in
               Angliam
               cum
               Canuto
               Rege
               Danorum
               Anno
               Domini
               millesimo
               XIV
               .
               quando
               ipse
               Canutus
               debellavit
               cum
               Edredo
               Rege
               Angliae
               ,
               &
               post
               mortem
               
               praedicti
               Edredi
               ipse
               Canutus
               pluries
               pugnavit
               cum
               Rege
               
                 Edmundo
                 Ironsyde
              
               filio
               praedicti
               Edredi
               ,
               &
               ad
               ultimum
               concordati
               fuerunt
               ,
               ita
               quod
               praedictus
               Edmundus
               haberet
               totam
               Angliam
               ex
               parte
               Australi
               Thamysiae
               ,
               &
               praedictus
               Canutus
               haberet
               aliam
               partem
               Angliae
               ex
               parte
               Boriali
               praedictae
               Thamysiae
               ,
               quo
               tempore
               idem
               Canutus
               dedit
               praedicto
               Edwyno
               villam
               de
               Neteshamia
               integram
               cum
               toto
               dominio
               integro
               &
               plures
               alias
               terras
               in
               Comit.
               Norff.
               Et
               similiter
               dedit
               ei
               unam
               planiciem
               non
               cultam
               sed
               vastatam
               ,
               versus
               Orientem
               à
               praedicta
               villa
               per
               sex
               miliaria
               Anglicana
               ,
               ubi
               idem
               Edwynus
               invenit
               quendam
               collem
               ,
               
               &
               hogum
               petrosum
               ,
               &
               ibi
               ipse
               incipiebat
               aedificare
               quandam
               villam
               &
               vocavit
               
               illam
               Stonhogia
               ,
               quae
               postea
               vocabatur
               Stanhowe
               .
               Et
               postea
               ipse
               Edwynus
               desponsavit
               quandam
               puellam
               ,
               quae
               fuit
               Domina
               de
               integra
               villa
               de
               Shenebruina
               ;
               &
               cito
               postquam
               desponsabat
               illam
               ipse
               cepit
               praedictam
               villam
               ,
               quam
               habuit
               
               cum
               uxore
               sua
               de
               Canuto
               Rege
               ,
               tenendam
               de
               ipso
               insimul
               cum
               donationibus
               ,
               quas
               illi
               prius
               dederat
               ;
               &
               sic
               fuit
               ipse
               Edwynus
               Dominus
               integrè
               de
               praedictis
               villis
               ,
               &
               obtinuit
               omnia
               praedicta
               in
               pace
               quousque
               
                 Willielmus
                 Bastardus
              
               Dux
               Normannorum
               cepit
               Angliam
               super
               Haraldum
               Regem
               ,
               qui
               coronatus
               
               fuit
               Rex
               apud
               Westm
               .
               An.
               Dom.
               millesimo
               LXVI
               .
               Et
               post
               coronationem
               ipse
               dedit
               diversas
               terras
               in
               Anglia
               diversis
               hominibus
               ,
               qui
               secum
               venerunt
               in
               auxilio
               ad
               Angliam
               conquirendam
               .
               Inter
               quas
               dedit
               
                 Willielmo
                 de
                 Albeney
              
               Pincernae
               suo
               ,
               &
               
                 Willielmo
                 de
                 Warennia
              
               forestario
               suo
               diversas
               terras
               ,
               &
               dominationes
               in
               Comit.
               Norff.
               &
               alibi
               in
               Anglia
               :
               &
               praedicti
               Willielmus
               Pincerna
               ,
               &
               Willielmus
               de
               Warennia
               ,
               &
               omnes
               alii
               qui
               venerunt
               cum
               praedicto
               Conquestore
               ejecerunt
               diversos
               homines
               infra
               dominationes
               suas
               omnibus
               de
               terris
               ,
               &
               dominationibus
               suis
               ;
               inter
               quos
               praedicti
               
                 Willielmus
                 Pincerna
                 ,
                 &
                 Willielmus
                 de
                 Warennia
              
               ejecerunt
               praedictum
               Edwynum
               de
               praedictis
               duabus
               villis
               ,
               &
               omnibus
               aliis
               
               terris
               ,
               &
               dominationibus
               suis
               .
               Propter
               quod
               idem
               Edwynus
               ,
               &
               alii
               quidam
               qui
               ejecti
               fuerunt
               abierunt
               ad
               Conquestorem
               ,
               &
               dixerunt
               ei
               ,
               quod
               nunquam
               ante
               conquestum
               suum
               ,
               nec
               in
               conquestu
               suo
               ,
               nec
               post
               fuerunt
               contra
               ipsum
               Regem
               in
               consilio
               &
               auxilio
               ,
               sed
               tenuerunt
               se
               in
               pace
               ,
               &
               hoc
               parati
               fuerunt
               probare
               ,
               quomodo
               ipse
               Rex
               vellet
               ordinare
               ,
               propter
               quod
               idem
               Rex
               fecit
               inquirendum
               per
               totam
               Angliam
               ,
               si
               ita
               fuit
               ,
               quod
               quidem
               probatum
               fuit
               ;
               propter
               quod
               idem
               Rex
               praecepit
               ut
               omnes
               illi
               qui
               sic
               tenuerunt
               se
               in
               pace
               in
               forma
               
               praedicta
               ,
               quod
               ipsi
               retinerent
               omnes
               terras
               ,
               &
               dominationes
               suas
               adeo
               integre
               &
               in
               pace
               ,
               ut
               unquam
               habuerunt
               &
               tenuerunt
               ante
               conquestum
               suum
               ,
               &
               quod
               ipsi
               imposterum
               vocarentur
               Drenges
               ;
               super
               quod
               idem
               Rex
               ad
               sectam
               praedicti
               Edwyni
               mandavit
               praedictis
               
                 Willielmo
                 Pincernae
                 ,
                 &
                 Willielmo
                 de
                 Warrenia
              
               quod
               ipsi
               deliberarent
               praedicto
               Edwyno
               omnes
               terras
               ,
               &
               dominationes
               suas
               ex
               quibus
               ejecerunt
               eum
               ,
               qui
               inde
               nihil
               voluerunt
               facere
               ;
               sed
               praedictus
               Willielmus
               Pincerna
               dedit
               eidem
               Edwyno
               unum
               messuagium
               ,
               CCC
               .
               acras
               terras
               ,
               &
               tres
               faldas
               in
               Snetesham
               ,
               qui
               inantea
               vocabatur
               Netesham
               tenendas
               de
               eodem
               Willielmo
               Pincerna
               per
               certa
               servitia
               &
               retinuit
               ad
               opus
               suum
               &
               opus
               Willielmi
               
               
                 de
                 Warrenna
              
               residuum
               praedictae
               villae
               de
               Snetsham
               ,
               unde
               ipsi
               feoffaverunt
               alios
               de
               hominibus
               suis
               qui
               secum
               venerunt
               de
               Normannia
               .
               Et
               praedictus
               
                 Willielmus
                 de
                 Warrenna
              
               dedit
               similiter
               eidem
               Edwyno
               unum
               messuagium
               ,
               CCCC
               .
               acras
               terrae
               ,
               &
               quatuor
               faldas
               in
               Sharnebourne
               cum
               dominio
               ejusdem
               villae
               quae
               inantea
               vocabatur
               Shenebruina
               tenendas
               per
               certa
               servitia
               de
               cadem
               
                 Willielmo
                 de
                 Warrenna
              
               ,
               &
               retinuit
               ad
               opus
               suum
               residuum
               ejusdem
               villae
               de
               Sharneburn
               cum
               advocatione
               Ecclesiae
               ,
               unde
               ipse
               feoffavit
               alios
               de
               hominibus
               suis
               qui
               secum
               de
               Normannia
               venerunt
               .
               Et
               post
               istas
               dominationes
               factas
               praedicto
               Edwyno
               per
               praedictos
               Willielmum
               Pincernam
               ,
               &
               Willielmum
               de
               Warrenna
               ,
               Dominus
               
                 Rad.
                 de
                 ●or●neys
              
               qui
               similiter
               venit
               in
               Angliam
               cum
               praedicto
               Conquestore
               ,
               
               &
               cui
               idem
               Rex
               dedit
               terram
               de
               Suthm
               .
               cum
               membris
               in
               Comit.
               Norff.
               cepit
               praedictum
               Edwynum
               ,
               &
               ipsum
               incarceravit
               ,
               perque
               longum
               tempus
               in
               prisona
               detinuit
               ,
               quousque
               idem
               Edwynus
               evasit
               per
               noctem
               extra
               prisonam
               ,
               &
               abiit
               praedicto
               Willielmo
               Pincernae
               ,
               &
               fecit
               ei
               querimoniam
               de
               injuria
               sibi
               facta
               ,
               &
               supplicavit
               ●i
               ut
               ipse
               posset
               tenere
               de
               illo
               praedictam
               villam
               de
               Stanhowe
               ,
               qui
               noluit
               ,
               sed
               ipse
               cum
               Willielmo
               de
               Warrenna
               ceperunt
               praedictam
               villam
               de
               Stanhowe
               ,
               in
               manibus
               suis
               &
               praedictus
               Willielmus
               Pincerna
               dedit
               praedicto
               Edwyno
               unum
               messuagium
               ,
               CCCC
               .
               acras
               terrae
               &
               quatuor
               faldas
               in
               praedicta
               villa
               de
               Stanhowe
               tenendas
               de
               eo
               per
               servicium
               XLd.
               per
               annum
               ,
               &
               
               residuum
               ejusdem
               villae
               de
               Stanhowe
               cum
               advocatione
               Ecclesiae
               retinuit
               ad
               opus
               suum
               &
               ad
               opus
               
                 Willielmi
                 de
                 Warrenna
              
               qui
               inde
               feoffaverunt
               alios
               de
               hominibus
               suis
               qui
               secum
               venerunt
               de
               Normannia
               ,
               ut
               supradictum
               est
               .
               Et
               postea
               idem
               Willielmus
               Pincerna
               mandavit
               in
               Normandiam
               pro
               una
               filia
               Bastarda
               sua
               ,
               quam
               ibi
               procreavit
               ante
               adventum
               suum
               in
               Angliam
               &
               illam
               dedit
               A●●euro
               filio
               praedicti
               Edwyni
               ,
               &
               per
               hoc
               fuit
               idem
               Edwynus
               in
               pace
               tota
               
               vita
               sua
               ,
               ita
               quod
               nullus
               ausus
               fuerit
               postea
               ei
               injuriam
               facere
               nec
               damnum
               .
               Et
               praedictus
               Edwynus
               cito
               post
               praedictum
               maritagium
               obiit
               in
               senectute
               
               sua
               post
               multas
               tribulationes
               suas
               tempore
               praedicti
               Regis
               Willielmi
               Conquestoris
               .
               De
               quo
               Asceurus
               ,
               ut
               supradictum
               est
               ,
               qui
               desponsavit
               filiam
               Willielmi
               
               Pincernae
               bastardam
               ,
               ut
               supradictum
               est
               ,
               &
               tenuit
               totam
               haereditatem
               suam
               in
               pace
               post
               mortem
               praedicti
               Edwyni
               patris
               sui
               ,
               &
               obiit
               in
               senectute
               sua
               in
               ultimis
               annis
               regni
               Regis
               Stephani
               .
               Et
               ipse
               Asceurus
               procreavit
               de
               uxore
               sua
               praedicta
               tres
               filios
               &
               plures
               filias
               ,
               &
               ipse
               Asceurus
               divisit
               praedictis
               tribus
               filiis
               suis
               totam
               haereditatem
               suam
               .
               De
               quibus
               Galfredus
               filius
               praedicti
               
               Asceuri
               primogenitus
               desponsavit
               Etheldredam
               filiam
               
                 Rogeri
                 de
                 Dersyngham
              
               ,
               &
               ipsa
               fuit
               pulcherrima
               domina
               ,
               quia
               inantea
               ipsa
               desponsabatur
               Domina
               
                 Fulconi
                 de
                 Sharneburn
              
               ,
               &
               similiter
               post
               mortem
               praedicti
               Galfredi
               illa
               Domina
               desponsabatur
               Domino
               
                 Rogero
                 Rustengs
              
               ,
               ut
               patet
               alibi
               ,
               &
               iste
               Galfredus
               suit
               Capitalis
               
               Seneschallus
               Willielmi
               Comitis
               Arundelliae
               ,
               filii
               praedicti
               Willielmi
               Pincernae
               ,
               de
               omnibus
               terris
               suis
               tam
               in
               Anglia
               quam
               in
               Normannia
               .
               Et
               idem
               Galfredus
               procreav
               it
               de
               praedicta
               Etheldreda
               uxore
               sua
               tres
               filios
               &
               tres
               filias
               ,
               ut
               patet
               inferius
               ,
               &
               idem
               Galfredus
               obiit
               die
               Sanctae
               Agathae
               virginis
               ,
               tempore
               Regis
               Henrici
               secundi
               filii
               Matildis
               Imperatricis
               ,
               &
               praedicta
               Domina
               Etheldreda
               obiit
               die
               Sancti
               Cuthberti
               tempore
               Regis
               Johannis
               .
            
             
               
               Ricardus
               secundus
               filius
               praedicti
               Asceuri
               desponsavit
               Amiciam
               filiam
               .....
               de
               Lynnea
               veteri
               in
               partibus
               Mershlandiae
               ex
               parte
               occidentali
               Ripae
               ,
               &
               cum
               illa
               habuit
               ibi
               magnam
               haereditatem
               ,
               de
               quibus
               Robertus
               ,
               qui
               vendidit
               totam
               haereditatem
               ,
               quam
               habuit
               in
               partibus
               Mershlandiae
               antecessoribus
               
                 Jacobi
                 Baynard
              
               ;
               de
               
               quo
               Roberto
               exivit
               Ricardus
               ,
               de
               quo
               Robertus
               ,
               de
               quo
               Petrus
               ,
               de
               quo
               
                 Sabina
                 &
                 Petronella
              
               ,
               &
               plures
               filii
               &
               filiae
               ,
               &
               praedicta
               Sabina
               desponsata
               fuit
               Johanni
               filio
               
                 Philippi
                 Pynchom
              
               de
               Castle-Rising
               ,
               &
               praedicta
               Petronella
               nupta
               suit
               Johanni
               filio
               
                 Radulphi
                 Panton
              
               de
               Dockyngs
               .
            
             
               
               Robertus
               tertius
               filius
               praedicti
               Asceuri
               obtinuit
               multa
               beneficia
               Ecclesiastica
               in
               diversis
               locis
               cum
               Decanatu
               Lenniae
               ,
               &
               habuit
               tres
               filias
               .
               Unde
               prima
               filia
               desponsabatur
               cuidam
               Willielmo
               filio
               
                 Radulphi
                 de
                 Snetesham
              
               ,
               &
               secunda
               filia
               nupta
               fuit
               cuidam
               
                 Hamundo
                 de
                 Snetesham
              
               ;
               &
               tertia
               filia
               nupta
               fuit
               cuidam
               
                 Waltero
                 de
                 Snetesham
              
               .
               Et
               de
               praedictis
               Willielmo
               filio
               Radulphi
               ,
               &
               uxore
               sua
               filia
               praedicti
               Roberti
               filii
               Asceuri
               exivit
               Radulphus
               ,
               &
               plures
               filii
               &
               filiae
               ,
               de
               
               praedicto
               Radulpho
               secundo
               exivit
               Willielmus
               ,
               de
               quo
               quaedam
               puella
               quae
               nupta
               fuit
               
                 Galfredo
                 de
                 Say
              
               de
               Dersyngham
               ,
               de
               quibus
               
                 Galfredus
                 de
                 Say
              
               ,
               qui
               vendidit
               totam
               haereditatem
               ,
               quae
               ei
               descendebat
               post
               mortem
               Matris
               suae
               ,
               cuidam
               
                 Hervio
                 Vnderburg
              
               de
               Bennham
               &
               aliis
               hominibus
               de
               Snetesham
               ,
               &
               de
               praedictis
               Hamundo
               &
               uxore
               sua
               secunda
               filia
               praedicti
               Roberti
               filii
               Asceuri
               exivit
               Galfredus
               ,
               de
               quo
               Alanus
               ,
               de
               quo
               Galfredus
               ,
               de
               quo
               Wymerus
               ,
               de
               quo
               
                 Robertus
                 Wymer
              
               ,
               qui
               vendidit
               totam
               haereditatem
               suam
               in
               
                 Snetesham
                 ,
                 Sharneburn
                 ,
                 &
                 Dockyng
              
               Domino
               
                 Johanni
                 de
                 Ingoldesthorp
              
               &
               aliis
               hominibus
               .
               Et
               de
               praedictis
               
               Waltero
               &
               uxore
               sua
               tertia
               ,
               filia
               praedicti
               Roberti
               filii
               Asceuri
               exivit
               Galfredus
               ,
               de
               quo
               Galfredus
               ,
               de
               quo
               Johannes
               ,
               qui
               vendidit
               totam
               haereditatem
               suam
               in
               
                 Stanhowe
                 Andreae
                 de
                 Sharnebourne
              
               secundo
               &
               totam
               haereditatem
               suam
               in
               
                 Snetesham
                 ,
                 &
                 Sharneburne
              
               vendidit
               aliis
               diversis
               hominibus
               de
               quo
               
                 Thomas
                 Bulwer
              
               de
               Snetesham
               .
            
             
               Modo
               dicendum
               est
               de
               Etheldreda
               quae
               fuit
               uxor
               Galfredi
               filii
               
                 Asceuri
                 ;
                 Rogerus
                 de
                 Dersyngham
              
               fuit
               quidem
               homo
               dives
               ex
               nobili
               progenie
               &
               habuit
               unum
               filium
               ,
               qui
               vocabatur
               
                 Robertus
                 de
                 Dersyngham
              
               post
               mortem
               patris
               sui
               ,
               &
               unam
               filiam
               pulcherrimam
               quae
               vocabatur
               Etheldreda
               ,
               &
               Dominus
               
                 Fulco
                 de
                 Sharnebourn
              
               in
               equitando
               versus
               Lennam
               vidit
               illam
               stantem
               juxta
               viam
               in
               Dersyngham
               ,
               
               &
               ipsam
               concupivit
               propter
               pulchritudinem
               suam
               ,
               &
               tam
               cito
               quam
               ipse
               rediit
               in
               domum
               suam
               ipse
               mandavit
               praedicto
               Rogero
               ,
               ut
               ei
               vellet
               dare
               praedictam
               Etheldredam
               filiam
               suam
               in
               uxorem
               .
               Quo
               letaliter
               concedente
               &
               
               cum
               ea
               multam
               pecuniam
               promittendo
               ,
               dictus
               Dominus
               Fulco
               ipsam
               desponsavit
               &
               ex
               eadem
               Etheldreda
               procreavit
               dominum
               
                 Eudonem
                 de
                 Scharnburn
              
               ,
               &
               plures
               filios
               &
               filias
               .
               Et
               de
               ipso
               Eudone
               exivit
               Galfredus
               &
               plures
               filii
               &
               filiae
               ,
               &
               idem
               Galfredus
               desponsavit
               Rosamundam
               filiam
               Will.
               filii
               Roberti
               de
               Ingoldsthorp
               
               
               consanguineam
               domini
               
                 Thomae
                 de
                 Ingoldstorp
              
               senioris
               ,
               de
               quibus
               Will.
               &
               plures
               filii
               &
               filiae
               ,
               de
               quo
               Galfredus
               &
               plures
               filii
               &
               filiae
               ,
               de
               quo
               
                 Willielmus
                 ,
                 Thomas
                 &
                 Johannes
              
               &
               duae
               filiae
               ,
               &
               praedicti
               
                 Willielmus
                 ,
                 Thomas
                 &
                 Johannes
              
               obierunt
               ,
               &
               praedictus
               Willielmus
               post
               mortem
               filiorum
               suorum
               dedit
               domino
               
               
                 Andreae
                 de
                 Sharneburn
              
               quarto
               totam
               haereditatem
               suam
               .
               Et
               post
               mortem
               praedicti
               domini
               Fulconis
               praedicta
               domina
               Etheldreda
               desponsabatur
               Galfrido
               filio
               Asceuri
               ,
               ut
               supradictum
               est
               ,
               qui
               ex
               ea
               procreavit
               tres
               filios
               &
               quatuor
               filias
               ,
               
               ut
               patet
               inferiu●
               .
               Et
               post
               mortem
               praedicti
               Galfredi
               filii
               Asceuri
               praedicta
               domina
               Etheldreda
               desponsabatur
               tertio
               domino
               
                 Rogero
                 de
                 Rusteyng
              
               ,
               qui
               fuit
               Capitalis
               Senescallis
               Willielmi
               Comitis
               Arundelliae
               tertii
               ,
               &
               idem
               Rogerus
               antequam
               desponsavit
               praedictam
               Etheldredam
               factus
               fuit
               Miles
               in
               terra
               Sancta
               de
               Jerusalem
               tempore
               Regis
               Ricardi
               de
               manu
               praedicti
               domini
               Willielmi
               Comitis
               tertii
               .
               Et
               post
               reditum
               suum
               de
               Jerusalem
               ipse
               desponsavit
               praedictam
               Etheldredam
               ,
               ut
               supradictum
               est
               ,
               qui
               ex
               ea
               procreavit
               dominum
               Willielmum
               &
               plures
               filios
               &
               filias
               .
               It
               de
               ipso
               Willielmo
               exivit
               dominus
               Willielmus
               secundus
               ,
               &
               dominus
               
                 Rogerus
                 Rusteyngus
              
               Rector
               Ecclesiae
               de
               
                 Ingoldsthorp
                 &
                 Freyngz
              
               .
               Et
               de
               ipso
               Willielmo
               secundo
               exivit
               Willielmus
               tertius
               &
               quatuor
               filiae
               ,
               videlicet
               .
               Milicentia
               prima
               filia
               ,
               quae
               desponsata
               fuit
               domino
               
                 Reginaldo
                 de
                 Sancto
                 Martino
              
               fundatore
               Canonicorum
               de
               
                 Hempton
                 .
                 Alicia
              
               secunda
               filia
               desponsata
               fuit
               domino
               
                 Waltero
                 de
                 Wygenhall
                 .
                 Margareta
              
               tertia
               filia
               desponsata
               fuit
               domino
               
                 Johanni
                 de
                 Vvedale
                 .
                 Beatrix
              
               quarta
               filia
               desponsata
               fuit
               
                 Gilberto
                 de
                 Tuckwell
              
               .
               ●t
               praedicta
               domina
               Etheldreda
               post
               mortem
               praedicti
               domini
               Rogeri
               viri
               sui
               nunquam
               fuit
               desponsata
               ,
               &
               ipsa
               vixit
               sola
               ad
               totam
               vitam
               suam
               sine
               viro.
               Et
               obiit
               die
               Sancti
               Cuthberti
               tempore
               Regis
               Johannis
               .
            
             
               
               Modo
               dicendum
               est
               de
               filiis
               &
               filiabus
               Galfredi
               filii
               Asceuri
               &
               praedictae
               Etheldredae
               uxoris
               suae
               .
               Dominus
               Alanus
               fuit
               primus
               filius
               praedictorum
               Galfredi
               &
               Etheldredae
               ,
               &
               factus
               fuit
               miles
               in
               terra
               Sancta
               de
               Jerusalem
               tempore
               Regis
               Ricardi
               de
               manu
               Comitis
               
                 Willielmi
                 Arundellii
              
               tertii
               ,
               eo
               tempore
               quo
               dominus
               
               
                 Rogerus
                 Rusteyng
              
               secundus
               fuit
               miles
               ,
               &
               cum
               eodem
               Alano
               fuit
               ibidem
               tune
               temporis
               Petrus
               frater
               praedicti
               Alani
               .
               Et
               idem
               dominus
               Alanus
               in
               tota
               vita
               sua
               non
               habuit
               uxorem
               nec
               exitum
               ,
               nisi
               unum
               filium
               bastardum
               ,
               qui
               vocabatur
               
                 Robertus
                 de
                 Sharneburn
              
               ,
               &
               aliquando
               Robertus
               filius
               
                 Alani
                 de
                 Sharneburn
              
               communiter
               
                 Robertus
                 de
                 Hall
              
               ;
               &
               idem
               dominus
               Alanus
               obiit
               tertio
               die
               Junii
               
               tempore
               Regis
               Ricardi
               .
               Dominus
               Andreas
               secundus
               filius
               praedictorum
               
                 Galfredi
                 ,
                 &
                 Etheldredae
              
               factus
               fuit
               miles
               in
               terra
               Sancta
               de
               Jerusalem
               tempore
               Regis
               Johannis
               de
               manu
               Willielmi
               Comitis
               Arundelliae
               quarti
               .
               Et
               post
               reditum
               suum
               de
               terra
               Sancta
               ipse
               desponsavit
               Susannam
               filiam
               domini
               
                 Benedicti
                 de
              
               
               Ang●ivilla
               ,
               domini
               de
               
                 Westnewton
                 ,
                 Suyton
                 &
                 Herlyngs
              
               ,
               &
               cum
               praedicta
               Susanna
               ipse
               habuit
               totam
               tertiam
               partem
               totius
               haereditatis
               praedicti
               Benedicti
               ,
               sed
               nullum
               exitum
               habuerunt
               inter
               ipsos
               ,
               propter
               quod
               ipse
               non
               tenuit
               praedictam
               tertiam
               partem
               nisi
               ad
               totam
               vitam
               praedictae
               Susannae
               ;
               &
               post
               mortem
               ipsius
               Susannae
               idem
               dominus
               de
               Andreas
               desponsavit
               Aliciam
               quae
               fuit
               uxor
               
                 Sylvestris
                 de
                 Risinges
              
               ,
               sed
               nullum
               exitum
               habuerunt
               inter
               ipsos
               .
               Et
               praedicta
               domina
               A●●cia
               super
               vixit
               praedictum
               dominum
               Andream
               virum
               suum
               ,
               &
               ibidem
               dominus
               Andreas
               obiit
               die
               Sancti
               Alphegi
               Episcopi
               ,
               Anno
               Dom.
               millesimo
               CC.
               XLIX
               .
               &
               Regni
               Regis
               Henrici
               filii
               Regis
               Johannis
               XXXIV
               .
               Et
               sepultus
               est
               apud
               Sharneburn
               in
               Capella
               coram
               Altarem
               Beatae
               Mariae
               ,
               prope
               
               parietem
               Australem
               .
               Petrus
               tertius
               filius
               praedictorum
               
                 Galfredi
                 &
                 Etheldredae
              
               in
               redeundo
               de
               terra
               Sancta
               de
               Jerusalem
               cum
               domino
               Alano
               fratre
               suo
               remansit
               retro
               praedictum
               Alanum
               in
               Francia
               cum
               quodam
               magno
               Domino
               
               illius
               patriae
               ,
               qui
               non
               habuit
               haeredem
               nisi
               unam
               filiam
               pulcherrimam
               ,
               quam
               
               praedictus
               Petrus
               incipiebat
               amare
               ,
               &
               illa
               consentiente
               eidem
               Petro
               *
               &
               tempore
               praedicti
               amoris
               pater
               puellae
               praedictae
               obiit
               ,
               &
               sic
               illa
               puella
               remansit
               sola
               ,
               &
               sine
               consilio
               nisi
               de
               matre
               sua
               .
               Quo
               tempore
               dictus
               dominus
               
                 Andreas
                 de
                 Sharneburn
              
               frater
               praedicti
               Petri
               ,
               antequam
               ipse
               factus
               fuit
               miles
               ,
               ivit
               in
               terram
               Sanctam
               de
               Jerusalem
               ,
               cum
               Willielmo
               Comite
               Arundelliae
               quarto
               ,
               &
               venit
               
               in
               illa
               parte
               Franciae
               ubi
               praedictus
               Petrus
               remansit
               ,
               &
               fecit
               ipsum
               ●re
               secum
               in
               terram
               Sanctam
               ,
               &
               post
               reversionem
               praedicti
               Andreae
               idem
               Petrus
               remansit
               cum
               praedicta
               puella
               &
               matre
               sua
               .
               Quo
               tempore
               ipsa
               puella
               fuit
               praegnans
               per
               praedictum
               Petrum
               ,
               &
               peperit
               unam
               filiam
               ,
               &
               in
               secundo
               anno
               postquam
               praedicta
               puella
               fuit
               deliberata
               de
               filia
               sua
               praedicta
               ,
               idem
               Petrus
               audivit
               dicere
               ,
               quod
               Susanna
               ,
               quae
               fuit
               uxor
               praedicti
               Andreae
               fratris
               sui
               ,
               fuit
               
               mortua
               sine
               liberis
               ,
               propter
               quod
               ipse
               Petrus
               desideravit
               ire
               in
               Angliam
               ad
               fratrem
               suum
               ;
               &
               venit
               ad
               praedictam
               puellam
               ,
               &
               petiit
               licentiam
               ab
               ea
               ,
               ut
               ipse
               possit
               redire
               in
               Angliam
               ad
               loquendum
               cum
               fratre
               suo
               ,
               &
               illa
               ei
               concedit
               licentiam
               malevole
               ,
               &
               tristi
               corde
               ,
               &
               dixit
               praedicto
               Petro
               ,
               
                 Modo
                 scio
                 bene
                 ,
                 quod
                 quam
                 citius
                 venies
                 ad
                 hospitium
                 habebis
                 me
                 in
                 oblivione
                 ,
                 &
                 tibi
                 capies
                 aliam
                 uxorem
                 ;
              
               &
               idem
               Petrus
               dixit
               quod
               non
               ,
               &
               hoc
               affirmabat
               per
               juramentum
               &
               fidem
               suam
               dando
               ,
               &
               tunc
               illa
               dixit
               tali
               conditione
               expectabo
               te
               per
               septem
               annos
               ,
               ita
               quod
               non
               capiam
               maritum
               nec
               ullum
               virum
               donec
               praedicti
               septem
               anni
               erunt
               elapsi
               .
               Et
               tunc
               idem
               Petrus
               rediit
               in
               Angliam
               ,
               &
               
               antequam
               ipse
               perventus
               fuit
               ad
               hospitium
               ,
               praedictus
               dominus
               Andreas
               desponsavit
               Aliciam
               ,
               quae
               fuit
               uxor
               
                 Sylvestri
                 de
                 Rysinge
              
               ,
               qui
               receperunt
               praedictum
               Petrum
               letanter
               ,
               &
               cum
               magno
               gaudio
               :
               &
               post
               pusillum
               idem
               dominus
               
                 Andreas
                 &
                 Alicia
              
               uxor
               ejus
               dixerunt
               eidem
               Petro
               ,
               ut
               ipse
               desponsaret
               Ceciliam
               filiam
               praedictorum
               
                 Sylvestri
                 &
                 Aliciae
              
               ,
               &
               ipse
               nullo
               modo
               voluit
               consentire
               ,
               nec
               concedere
               ,
               propter
               quod
               idem
               dominus
               Andreas
               multum
               irascebatur
               versus
               praedictum
               Petrum
               ,
               &
               dixit
               ei
               ,
               si
               nollet
               ipsam
               Ceciliam
               desponsare
               quod
               nunquam
               deberet
               esse
               haeres
               suus
               post
               mortem
               suam
               .
               Et
               quia
               praedictus
               Petrus
               bene
               sciebat
               ,
               quod
               praedictus
               dominus
               Andreas
               &
               domina
               Alicia
               nunquam
               habuerunt
               haeredem
               de
               corporibus
               eorum
               ,
               &
               ipse
               timuit
               quod
               idem
               dominus
               Andreas
               in
               ira
               sua
               ipsum
               dishaeredaret
               ,
               ipse
               desponsavit
               praedictam
               Ceciliam
               
               tali
               conditione
               quod
               nunquam
               dishaeredaretur
               ,
               &
               praedictus
               Andreas
               hoc
               concedens
               ,
               &
               per
               juramentum
               affirmans
               dedit
               ei
               ,
               &
               praedictae
               Ceciliae
               uxori
               ejus
               situm
               manerii
               sui
               in
               Snetesham
               ,
               &
               terram
               suam
               in
               eadem
               villa
               de
               Snetesham
               .
               Et
               praedictus
               Petrus
               genuit
               de
               praedicta
               Cecilia
               quinque
               filios
               &
               unam
               filiam
               ,
               ut
               patet
               inferius
               .
               Et
               praedictus
               Petrus
               post
               mortem
               praedictae
               Ceciliae
               rediit
               in
               Franciam
               ad
               praedictam
               puellam
               ,
               quam
               ipse
               prius
               amabat
               ,
               &
               quam
               citius
               ipsa
               puella
               ipsum
               vidit
               dixit
               ei
               ,
               quod
               ipse
               fregisset
               conventionem
               quam
               ipse
               secerat
               ,
               quia
               septem
               anni
               fuerunt
               translati
               multo
               tempore
               elapso
               ;
               &
               dixit
               ,
               
               bene
               scio
               quod
               duxisti
               uxorem
               ;
               &
               ipse
               respondit
               quod
               non
               haberet
               uxorem
               ,
               sed
               non
               potuit
               denegare
               ,
               quod
               ipse
               habuit
               uxorem
               quae
               mortua
               est
               ,
               &
               dixit
               quod
               hoc
               fecit
               per
               cohortationem
               ratione
               dishaeredationis
               suae
               ,
               &
               tam
               cito
               quam
               ipsa
               hoc
               audivit
               juravit
               ,
               quod
               nunquam
               caperet
               ipsum
               nec
               alium
               virum
               ,
               sed
               ipsa
               viveret
               sola
               sine
               viro
               tota
               vita
               sua
               ,
               &
               maritaret
               filiam
               suam
               ,
               quam
               ipse
               Petrus
               procreavit
               ;
               &
               idem
               Petrus
               hoc
               audiente
               juravit
               similiter
               ,
               quod
               ipse
               nunquam
               haberet
               uxorem
               ;
               sed
               solus
               viveret
               sine
               muliere
               tota
               vita
               sua
               ,
               &
               sic
               fecit
               ,
               &
               postea
               idem
               Petrus
               ivit
               ad
               Comitem
               de
               Campania
               ,
               &
               cum
               ipso
               fuit
               per
               longum
               tempus
               quousque
               ipse
               audivit
               de
               morte
               domini
               Andreae
               fratris
               sui
               .
               Quo
               audito
               ipse
               rediit
               in
               Angliam
               ,
               &
               venit
               apud
               Sharnburn
               ,
               &
               
               ibi
               vixit
               tota
               vita
               sua
               cum
               filiis
               suis
               ,
               &
               obiit
               vivente
               praedicta
               domina
               Alicia
               ,
               videlicet
               in
               Vigilia
               Sancti
               Andreae
               Apostoli
               ,
               Anno
               Dom.
               millesimo
               CC.
               LIX
               .
               &
               Regni
               Regis
               Henrici
               filii
               Regis
               Johannis
               XLIV
               .
               &
               sepultus
               est
               in
               Capella
               Ecclesiae
               de
               Sharnburn
               coram
               Altari
               Beatae
               Mariae
               ,
               juxta
               dominum
               Andream
               fratrem
               suam
               ex
               parte
               boreali
               .
            
             
               
               Prima
               filia
               praedictorum
               
                 Galfredi
                 &
                 Etheldredae
              
               vocata
               Matildis
               desponsata
               fuit
               domino
               Nicholao
               filio
               
                 Radulphi
                 Dockyng
              
               ,
               item
               dominus
               
                 Ricardus
                 de
                 Senges
              
               ,
               dominus
               de
               Berwick
               ,
               dedit
               plures
               terras
               in
               Dockyng
               ,
               &
               alibi
               in
               maritagio
               cum
               praedicta
               Matilde
               ,
               de
               quibus
               dominus
               Ricardus
               ,
               de
               quo
               dominus
               Nicholaus
               ,
               de
               quo
               Ricardus
               qui
               vendidit
               totam
               haereditatem
               domino
               
                 Johanni
                 Lovel
              
               seniori
               ,
               &
               aliis
               diversis
               hominibus
               de
               quo
               
                 Nicholaus
                 of
                 Hall
              
               ,
               pauper
               manens
               apud
               Norwic.
               
            
             
             
               
               Secunda
               filia
               praedictorum
               
                 Galfredi
                 &
                 Etheldredae
              
               vocata
               .....
               desponsata
               
               suit
               domino
               Alano
               filio
               
                 Robert●
                 de
                 Ingoldsthorp
              
               ,
               de
               quibus
               dominus
               Thomas
               qui
               vocabatur
               
                 〈◊〉
                 Thomas
              
               ,
               de
               quo
               dominus
               Thomas
               qui
               suit
               Vice-Comes
               Norff.
               de
               ●uo
               〈◊〉
               Johannes
               ,
               qui
               suit
               ad
               Baneram
               in
               guerra
               cum
               Edwardo
               Rege
               〈◊〉
               de
               ●●o
               dominus
               Thomas
               ,
               de
               quo
               dominus
               Johannes
               ,
               de
               quo
               dominus
               〈…〉
               Ingoldsthorp
               .
            
             
               
               〈…〉
               praedictorum
               
                 Galfredi
                 &
                 Etheldredae
              
               vocata
               .....
               desponsata
               suit
               〈◊〉
               
                 Nicholao
                 de
                 Testes
              
               ,
               de
               quibus
               dominus
               Rogerus
               ,
               de
               quo
               Thomas
               ,
               〈…〉
               patre
               suo
               ,
               de
               quo
               Rogerus
               ultimus
               .
            
             
               
               Quarta
               〈◊〉
               praedictorum
               
                 Galfredi
                 &
                 Etheldredae
              
               vocata
               Isabella
               desponsata
               
               suit
               .....
               de
               quibus
               Matildis
               ,
               quae
               desponsata
               suit
               
                 Albino
                 de
                 Stamford
              
               manenti
               in
               〈…〉
               de
               quibus
               
                 Johannes
                 Aubyn
              
               de
               
                 Hillyngton
                 ,
                 &
                 Ricardus
                 Aubyn
              
               D●●anus
               de
               He●●am
               .
            
             
               Modo
               dicendum
               est
               de
               domina
               Alicia
               ,
               quae
               fuit
               uxor
               domini
               
                 Andreae
                 de
                 〈◊〉
              
               de
               primo
               viro
               suo
               ,
               domina
               Alicia
               ,
               antequam
               ipsa
               desponsabatur
               domino
               
                 Andrew
                 de
                 Sharnburn
              
               ,
               desponsata
               suit
               
                 Sylvestro
                 de
                 Rysings
              
               cuidam
               homini
               diviti
               multas
               habens
               terras
               in
               
                 Rysings
                 ,
                 West-Newton
              
               &
               alibi
               ,
               de
               quibus
               Cecilia
               quae
               desponsata
               fuit
               
                 Petro
                 de
                 Sharnburn
              
               ,
               ut
               patet
               superius
               ,
               &
               quaedam
               alia
               filia
               quae
               desponsata
               suit
               
                 Thom●e
                 Sorel
              
               de
               Oldlynne
               seniori
               .
               Et
               unus
               filius
               qui
               vocabatur
               
                 Willielmus
                 Sylvestre
              
               ,
               de
               quo
               
                 Andreas
                 Sylvestras
              
               manens
               in
               Congham
               ,
               de
               quo
               Cecilia
               quae
               desponsata
               fuit
               
                 Willielmo
                 Attechirch
              
               de
               Wulfurton
               seniori
               ,
               &
               Alicia
               quae
               desponsata
               fuit
               
                 Adae
                 A●ary
              
               de
               Sharnburn
               seniori
               .
               Et
               praedicta
               domina
               Alicia
               fieri
               fecit
               Cancellam
               de
               Sharnburn
               ,
               &
               sepulta
               est
               in
               eadem
               Cancella
               ,
               &
               ipsa
               obut
               tertio
               Idus
               Sept.
               Anno
               Dom.
               millesimo
               CC.
               LX.
               &
               Regni
               Regis
               Henrici
               filii
               Johannis
               XLV
               .
               Et
               Cecilia
               quae
               suit
               uxor
               
                 Petri
                 de
                 Sharnburn
              
               obiit
               XI
               .
               Cal.
               Oct.
               Modo
               dicendum
               est
               de
               exitu
               
                 Petri
                 de
                 Sharnburn
              
               ,
               
               &
               Ceciliae
               uxoris
               ejus
               .
               Johannes
               filius
               praedictorum
               
                 Petri
                 &
                 Ceciliae
              
               primogenitus
               obiit
               sine
               haerede
               de
               se
               procreato
               vivente
               patre
               suo
               ,
               vid.
               VII
               .
               Idus
               Nov.
               Andreas
               secundus
               filius
               praedictorum
               
                 Petri
                 &
                 Ceciliae
              
               vivente
               patre
               suo
               desponsavit
               Emmam
               sororem
               Magistri
               
                 Godofredi
                 de
                 Toftes
                 Rys
              
               ,
               quondam
               Rectoris
               
               de
               Hunstanston
               ,
               de
               quibus
               exivit
               una
               filia
               ut
               patet
               inferius
               ,
               &
               praedicta
               Emma
               obiit
               III.
               Cal.
               Oct.
               &
               sepulta
               est
               in
               Coemeterio
               Ecclesiae
               de
               Sharnburn
               ,
               ex
               parte
               Australi
               Capellae
               prope
               parietem
               .
               Et
               post
               mortem
               praedictae
               Emmae
               idem
               Andreas
               desponsavit
               Christianam
               filiam
               domini
               
                 Alani
                 le
                 Gross
              
               de
               Wodenorton
               de
               quibus
               exivit
               unus
               filius
               ,
               &
               duae
               filiae
               ,
               ut
               patet
               inferius
               .
               Et
               praedictus
               Andreas
               obiit
               VII
               .
               Kal.
               Julii
               ,
               An.
               Dom.
               millesimo
               CC.
               LXXXII
               .
               Regni
               Regis
               Edwardi
               filii
               Regis
               Henrici
               X.
               Et
               sepultus
               fuit
               in
               Capella
               Ecclesiae
               de
               Sharnburn
               ,
               ad
               caput
               domini
               Andreae
               sub
               pariete
               Australi
               .
               Et
               praedicta
               Christiana
               post
               mortem
               praedicti
               Andreae
               desponsata
               fuit
               Edmundo
               filio
               domini
               
                 Johannis
                 de
                 Gylham
              
               de
               Dersyngham
               ,
               &
               vixit
               per
               longum
               tempus
               post
               mortem
               praedicti
               Edmundi
               ;
               videlicet
               usque
               festum
               Sancti
               Lucae
               Evangelistae
               ,
               An.
               Dom.
               millesimo
               CCC
               .
               XXXVI
               .
               &
               Regni
               Regis
               Edwardi
               tertii
               post
               conquestum
               decimo
               .
               
               Walterus
               tertius
               filius
               praedictorum
               
                 Petri
                 &
                 Ceciliae
              
               fuit
               Armiger
               ,
               cum
               domino
               
                 Thoma
                 Rostelyn
              
               seniori
               nobili
               homine
               &
               probo
               tota
               vita
               ipsius
               domini
               Thomae
               ,
               &
               cum
               ipso
               fuit
               ad
               bellum
               de
               
                 Lewes
                 &
                 Evesham
              
               ex
               parte
               Regis
               Henrici
               ,
               &
               Edwardi
               filii
               sui
               ,
               &
               postea
               idem
               Walterus
               fuit
               cum
               praedicto
               domino
               Thoma
               in
               terra
               Sancta
               de
               Jerusalem
               ,
               in
               ultimis
               annis
               praedicti
               Henrici
               Regis
               in
               societate
               
               praedicti
               Edwardi
               .
               Et
               idem
               Walterus
               post
               reditum
               suum
               de
               terra
               Sancta
               procreavit
               de
               Juliana
               filia
               
                 Adae
                 Rydout
              
               senioris
               unum
               filium
               ,
               &
               tres
               filias
               Bastardas
               ,
               ut
               patet
               inferius
               ,
               &
               postea
               per
               longum
               tempus
               ipse
               per
               cohortationem
               Ecclesiasticam
               desponsavit
               praedictum
               Julianam
               ,
               contra
               voluntatem
               suam
               ,
               quia
               ipse
               Walterus
               amabat
               filiam
               praedicti
               domini
               Thomae
               ,
               quae
               desponsata
               fuit
               domino
               
                 Roberto
                 Turtevill
              
               ,
               &
               post
               mortem
               ejusdem
               domini
               Roberti
               ipsa
               debuit
               desponsari
               praedicto
               Waltero
               ,
               sed
               perturbata
               fuit
               per
               praedictam
               Julianam
               ,
               &
               post
               mortem
               ejusdem
               Julianae
               ipse
               vixit
               solus
               sine
               muliere
               usque
               in
               ultimis
               diebus
               vitae
               suae
               .
               Et
               quando
               Edwardus
               Rex
               primus
               post
               Conquestorem
               
               cepit
               crucem
               eundo
               in
               terram
               Sanctam
               ,
               ipse
               Walterus
               cepit
               crucem
               ,
               &
               signatus
               fuit
               in
               carne
               super
               humerum
               dextrum
               ,
               sed
               non
               fecit
               peregrinationem
               dictam
               in
               vita
               sua
               ,
               quia
               Rex
               non
               fecit
               .
               Et
               postea
               in
               ultimo
               anno
               vitae
               suae
               
               desponsavit
               Margeriam
               filiam
               
                 Stephani
                 de
                 Geyton
              
               ,
               &
               ex
               ea
               procreavit
               unum
               filium
               ,
               ut
               patet
               inferius
               .
               Et
               eadem
               Margeria
               supervixit
               praedictum
               
                 Walterum
                 ▪
              
               per
               longum
               tempus
               ,
               &
               praedictus
               Walterus
               obiit
               pridie
               Cal.
               Octobris
               ,
               Anno
               Dom.
               millesimo
               CCC
               .
               VII
               .
               &
               Regni
               Regis
               Edwardi
               filii
               Regis
               Edwardi
               primo
               ,
               &
               sepultus
               est
               extra
               Capellam
               de
               Sharnburn
               ,
               ad
               caput
               orientale
               .
               Et
               praedicta
               Margeria
               obiit
               in
               pestilencia
               ,
               videlicet
               die
               Sabbati
               Idus
               Junii
               Anno
               Dom.
               millesimo
               CC.
               XLIX
               .
               &
               sepulta
               est
               ad
               ostium
               australe
               Ecclesiae
               de
               Sharnburn
               .
            
             
               
               Philippus
               quartus
               filius
               praedictorum
               
                 Petri
                 &
                 Ceciliae
              
               ,
               fuit
               Armiger
               cum
               domino
               
                 Hugone
                 Peche
              
               ,
               &
               cum
               ipso
               fuit
               ad
               bellum
               de
               Lewes
               ,
               &
               Evesham
               contra
               Regem
               &
               Edwardum
               filium
               suum
               ,
               &
               postea
               in
               Insulâ
               de
               Ely
               cum
               praedicto
               Hugone
               ,
               propter
               quod
               ipse
               Philippus
               exulabatur
               ex
               Anglia
               ,
               &
               obiit
               in
               Francia
               ad
               villam
               ,
               quae
               dicitur
               Sancta
               
                 Maria
                 de
                 Pertico
              
               ,
               &
               ibi
               duxit
               uxorem
               ,
               &
               suscitavit
               prolem
               ,
               &
               ibi
               fuit
               tota
               vita
               sua
               .
            
             
               
               Robertus
               quintus
               filius
               praedictorum
               Petri
               &
               Ceciliae
               ,
               fuit
               Armiger
               cum
               domino
               
                 Johanne
                 de
                 la
                 Hay
              
               ,
               &
               cum
               co
               fuit
               ad
               bellum
               de
               Lewes
               ,
               &
               Evesham
               contra
               Regem
               ,
               &
               Edwardum
               filium
               suum
               ,
               &
               in
               Insula
               de
               Ely
               cum
               praedicto
               domino
               Johanne
               ,
               unde
               postea
               habuit
               pacem
               Regis
               ,
               &
               venit
               ad
               hospitium
               ad
               Andream
               
               fratrem
               suum
               ,
               &
               ibi
               postea
               cito
               obiit
               sine
               liberis
               .
            
             
               
               Alicia
               filia
               praedictorum
               Petri
               &
               Ceciliae
               desponsata
               fuit
               
                 Galfredo
                 Curtemanche
              
               seniori
               filio
               Galfredi
               Capellani
               filii
               
                 Briani
                 de
                 Snetesham
              
               ,
               &
               antequam
               desponsabatur
               decepta
               fuit
               ,
               ita
               quod
               fuit
               praegnans
               de
               praedicto
               Galfredo
               ,
               &
               habuit
               
               unum
               filium
               Bastardum
               qui
               vocabatur
               
                 Galfredus
                 Curtemanche
              
               junior
               ,
               de
               quo
               Robertus
               .....
               Et
               post
               matrimonium
               illa
               habuit
               tres
               filios
               &
               unam
               filiam
               ,
               videlicet
               Andreas
               qui
               obiit
               sine
               haeredibus
               ,
               
                 Robertus
                 ,
                 Johannes
                 &
                 Johanna
              
               ,
               quae
               nupta
               fuit
               apud
               Shuldham
               .
               De
               Roberto
               secundo
               filio
               in
               matrimonio
               exivit
               Willielmus
               Thesaurizarius
               Comit.
               de
               Warwick
               .
               &
               sex
               filiae
               ,
               videlicet
               
                 Alicia
                 ,
                 .....
                 Alicia
              
               desponsata
               fuit
               
                 Rogero
                 de
                 London
              
               Civi
               Coventriae
               ,
               
                 Beatrix
                 ,
                 &
                 Oliva
              
               desponsata
               
                 Willielmo
                 Bishop
              
               de
               Sharnburn
               ,
               &
               Johanna
               .....
               Et
               praedictus
               Petrus
               
               
                 de
                 Sharnburn
              
               ,
               habuit
               plures
               filios
               &
               filias
               Bastardos
               ,
               quorum
               nomina
               ignorantur
               nisi
               de
               tribus
               filiabus
               ,
               videlicet
               
                 Etheldreda
                 ,
                 Christiana
                 ,
                 &
                 Juliana
                 ,
              
               quae
               
               desponsata
               fuit
               
                 Galfredo
                 Rydout
              
               seniori
               ,
               de
               quo
               
                 Galfredus
                 ,
                 Juliana
              
               .
            
             
               Et
               praedictus
               Petrus
               post
               mortem
               Ceciliae
               uxoris
               suae
               ,
               &
               domini
               Andreae
               fratris
               sui
               factus
               fuit
               miles
               in
               senectute
               sua
               de
               manu
               Hugonis
               de
               Aubeny
               ,
               Pincernae
               ultimi
               Comitis
               de
               integro
               Comitatu
               Arundelliae
               .
            
             
               Modo
               dicendum
               est
               de
               exitu
               
                 Andreae
                 de
                 Sharnburn
              
               secundi
               .
            
             
               
               
                 Andreas
                 de
                 Sharnburn
              
               secundus
               de
               Emma
               prima
               uxore
               sua
               habuit
               unam
               filiam
               ,
               quae
               vocabatur
               Alicia
               ,
               quae
               habuit
               totam
               haereditatem
               praedicti
               Andreae
               patris
               sui
               post
               mortem
               fratris
               sui
               junioris
               .
               Et
               praedicta
               Alicia
               primo
               desponsabatur
               
                 Jacobo
                 Styward
              
               de
               Hulmo
               juxta
               mare
               ,
               &
               secundo
               
                 Ricardo
                 de
                 Gernestone
              
               Burgensi
               Lenniae
               ,
               &
               non
               habuit
               exitum
               de
               praedictis
               viris
               suis
               ;
               sed
               obiit
               
               sine
               haerede
               de
               corpore
               suo
               ,
               videlicet
               X.
               Kal.
               Aug.
               An.
               Dom.
               millesimo
               CCC
               .
               IX
               .
               &
               Regni
               Regis
               Edv.
               filii
               Regis
               Edv.
               tertio
               incipiente
               .
               Et
               sepulta
               est
               apud
               Lenniam
               in
               Ecclesia
               Sanctae
               Margaretae
               ,
               in
               uno
               Archo
               ex
               parte
               Australi
               .
               Et
               idem
               Andreas
               secundus
               de
               Christiana
               secunda
               uxore
               sua
               habuit
               unum
               filium
               ,
               &
               duas
               filias
               ,
               videlicet
               Andreas
               tertius
               qui
               non
               fuit
               nisi
               de
               duobus
               annis
               vivente
               
               patre
               suo
               ,
               &
               non
               vixit
               post
               mortem
               patris
               sui
               ,
               nisi
               duobus
               annis
               &
               dimidio
               ,
               &
               sic
               obiit
               sine
               haerede
               de
               corpore
               suo
               procreato
               ,
               III.
               Non.
               Dec.
               An.
               Dom.
               millesimo
               CCC
               .
               LXXXIV
               .
               &
               Regni
               Regis
               Edwardi
               filii
               Regis
               Henrici
               XIII
               .
               incipiente
               ,
               &
               sepultus
               fuit
               in
               Capella
               ad
               pedes
               patris
               sui
               extra
               parietem
               .
               
               Cecilia
               filia
               praedictorum
               
                 Andreae
                 &
                 Christinae
              
               ,
               obiit
               sine
               haerede
               in
               puerili
               aetate
               sua
               cito
               ,
               post
               mortem
               patris
               sui
               ,
               vivente
               fratre
               suo
               supradicto
               .
               
               Christiana
               filia
               predictorum
               
                 Andreae
                 &
                 Christinae
              
               ,
               obiit
               sine
               haerede
               in
               puerili
               
               aetate
               sua
               ,
               vivente
               patre
               suo
               .
            
             
             
             
             
             
             
               
               Et
               praedictus
               Andreas
               secundus
               ,
               antequam
               ipse
               habuit
               ullam
               uxorem
               ,
               genuit
               unum
               filium
               Bastardum
               ,
               vocatum
               Johannem
               qui
               multum
               fuit
               probus
               &
               validus
               ,
               &
               qui
               fuit
               Armiger
               cum
               domino
               
                 Johanne
                 Ingoldsthorp
              
               seniori
               ,
               &
               obiit
               cito
               post
               mortem
               praedicti
               Andreae
               patris
               sui
               sine
               haerede
               .
            
             
               Modo
               dicendum
               est
               de
               exitu
               
                 Walt.
                 de
                 Sharnburn
              
               ,
               tam
               ante
               matrimonium
               quam
               post
               matrimonium
               .
               
                 Walt.
                 de
                 Sharnburn
              
               ante
               matrimonium
               contractum
               inter
               ipsum
               &
               Julianam
               primam
               uxorem
               suam
               genuit
               unum
               filium
               Bastardum
               nomine
               
               Petrum
               ,
               qui
               obiit
               ultra
               mare
               post
               mortem
               patris
               sui
               ,
               videlicet
               ad
               Natales
               Domini
               ,
               An.
               Dom.
               millesimo
               CCC
               .
               XVII
               .
               &
               nunquam
               postea
               reversus
               est
               in
               patriam
               ,
               nec
               habuit
               uxorem
               ,
               nec
               suscitavit
               prolem
               .
               Et
               similiter
               idem
               Walterus
               genuit
               de
               praedicta
               Juliana
               ,
               tres
               filias
               Bastardas
               ante
               matrimonium
               praedictum
               ,
               videl
               .
               Rosa
               quae
               desponsata
               fuit
               
                 Adae
                 Aymles
              
               de
               Holkam
               ,
               de
               quibus
               
                 Walterus
                 .....
                 Margareta
              
               ,
               quae
               nunquam
               habuit
               virum
               ,
               sed
               unum
               filium
               Bastardum
               vocatum
               Walterum
               .
            
             
               Agnes
               quae
               similiter
               nunquam
               habuit
               virum
               ,
               sed
               unum
               filium
               Bastardum
               vocatum
               Petrum
               ,
               de
               quo
               Hugo
               .
               Et
               idem
               
                 Walterus
                 de
                 Sharnburn
              
               de
               Margeria
               
               uxore
               sua
               procreavit
               ,
               unum
               filium
               vocatum
               Andream
               quartum
               ,
               qui
               natus
               fuit
               VI.
               Kal.
               Nov.
               An.
               Dom.
               millesimo
               CCC
               .
               VII
               .
               videlicet
               per
               quinque
               dies
               ante
               obitum
               patris
               sui
               &
               anno
               aetatis
               ejus
               XII
               .
               desponsavit
               Emmam
               filiam
               
                 Willielmi
                 Gosselyn
              
               de
               Snetesham
               Capitalis
               Seneschalli
               domini
               
                 Roberti
                 de
                 Monte
                 alto
              
               ,
               domini
               de
               Castello
               de
               Rysing
               &
               Seneschalli
               Cestriae
               anno
               aetatis
               praedictae
               Emmae
               sexto
               ,
               videl
               .
               die
               Dominica
               in
               Octab.
               Epiphaniae
               ,
               An.
               Dom.
               millesimo
               CCC
               .
               XIX
               .
               &
               postea
               ipse
               nutritus
               fuit
               cum
               praedicto
               domino
               Roberto
               ,
               &
               domina
               Emma
               uxore
               ejus
               .
               Et
               postquam
               ipse
               Andreas
               fuit
               plenae
               aetatis
               genuit
               de
               praedicta
               Emma
               uxore
               sua
               plures
               filios
               &
               filias
               ,
               ut
               patet
               inferius
               ,
               &
               eodem
               tempore
               ipse
               fuit
               Armiger
               ,
               cum
               domino
               
                 Thoma
                 de
                 Brotherton
              
               Comit.
               Norff.
               &
               cum
               pluribus
               aliis
               dominis
               de
               Norff.
               in
               guerris
               
                 Scociae
                 ,
                 Gasconiae
                 ,
                 &
                 Franciae
                 ,
              
               quousque
               idem
               Andreas
               die
               Mercurii
               pridie
               Non.
               Junii
               ,
               An.
               Dom.
               millesimo
               CCC
               .
               XLVI
               .
               cepit
               peregrinationem
               suam
               versus
               terram
               Sanctam
               de
               Jerusalem
               ,
               &
               in
               Societate
               praedicti
               Andreae
               fuit
               
                 Mauritius
                 de
                 Dersyngham
              
               ,
               &
               
               abierunt
               per
               .....
               ad
               Insulam
               de
               Rodes
               ,
               cum
               fratre
               
                 Roberto
                 Saleyns
              
               probo
               milite
               hospitalario
               &
               Mariscallo
               hospitalis
               Sancti
               Johannis
               de
               Jerusalem
               in
               praedicta
               Insula
               de
               Rodes
               ,
               &
               cum
               praedictus
               Andreas
               fuit
               in
               partibus
               illis
               Rex
               Angliae
               devicit
               Francos
               apud
               Cressy
               ,
               &
               cepit
               per
               obsidionem
               villam
               de
               Caleys
               .
               Et
               tam
               cito
               quam
               ipse
               Andreas
               venit
               ad
               Insulam
               de
               Cipro
               ,
               remansit
               cum
               domino
               Arnaldo
               Vicecount
               de
               Caremayne
               ,
               qui
               ipsum
               
                 Andream
                 &
                 Armandum
                 de
                 Aspays
              
               de
               villa
               Sanctae
               
                 Mariae
                 Podiensis
              
               ,
               fecit
               milites
               apud
               Sanctum
               sepulchrum
               in
               Ecclesia
               de
               Jerusalem
               ,
               die
               Sabbati
               XVI
               .
               Kal.
               Martii
               ,
               An.
               Dom.
               millesimo
               CCC
               .
               XLVIII
               .
               in
               praesentia
               Vicecomitis
               Nerbome
               ,
               &
               aliorum
               proborum
               &
               nobilium
               militum
               de
               Francia
               ,
               Catelonia
               ,
               &
               Alemannia
               ,
               &
               ipse
               Andreas
               &
               Mauritius
               fuerunt
               apud
               Sanctam
               Catherinam
               ,
               &
               in
               Egypto
               toto
               tempore
               pestilentiae
               
               in
               Anglia
               .
               Et
               in
               redeundo
               de
               terra
               Sancta
               fuit
               apud
               Romam
               ,
               Anno
               Jubileae
               quinquagesimo
               .
            
             
               Modo
               dicendum
               est
               de
               exitu
               domini
               
                 Andreae
                 de
                 Sharnburn
              
               quarti
               ,
               &
               dominae
               Emmae
               uxoris
               suae
               .
               Andreas
               quintus
               filius
               praedictorum
               Andreae
               &
               Emmae
               non
               vixit
               nisi
               per
               v.
               dies
               .
               Item
               alius
               Andreas
               filius
               secundus
               praedictorum
               Andreae
               &
               Emmae
               uxoris
               suae
               ,
               qui
               dictus
               fuit
               quintus
               Andreas
               natus
               fuit
               die
               Lunae
               IV.
               Idus
               Augusti
               ,
               An.
               Dom.
               millesimo
               CCC
               .
               XXVII
               .
               &
               ipse
               fuit
               Armiger
               ad
               bellum
               de
               Cressy
               ,
               &
               in
               obsidione
               de
               Caleys
               ,
               cum
               Comit.
               de
               Warwick
               ,
               tunc
               temporis
               Marescallo
               Angliae
               ,
               &
               ipse
               fuit
               ultra
               cum
               praedicto
               Comite
               usque
               
               pestilenciam
               in
               Anglia
               ,
               &
               post
               praedictam
               pestilenciam
               in
               Anglia
               ipse
               fuit
               cum
               Duce
               Lancastriae
               Seneschallo
               Angliae
               ,
               &
               cum
               ipso
               Duce
               fuit
               in
               Britannia
               ad
               obsidionem
               Civitatis
               Redonis
               ,
               ubi
               ipse
               perculsus
               fuit
               de
               una
               petra
               minus
               grossa
               in
               capite
               suo
               super
               bacenetum
               ,
               unde
               ipse
               languebat
               post
               ea
               per
               unum
               annum
               post
               obsidionem
               peractam
               quousque
               diem
               suam
               clausit
               extremum
               ,
               &
               obut
               die
               Sabbati
               Non.
               Julii
               ,
               An.
               Dom.
               millesimo
               CCG
               .
               LVIII
               .
               anno
               aetatis
               ejus
               XXXI
               .
               &
               sepultus
               est
               in
               Capella
               juxta
               Andream
               secundum
               .
            
             
             
               Emma
               prima
               filia
               praedictorum
               Andreae
               &
               Emmae
               uxoris
               ejus
               nata
               fuit
               die
               Lunae
               IV.
               Kal.
               Aug.
               An.
               Dom.
               millesimo
               CCC
               .
               XXVIII
               .
               &
               desponsata
               fuit
               
                 Johanni
                 de
                 la
                 Rokele
              
               de
               Wymondham
               ,
               die
               Lunae
               IX
               .
               Kal.
               Dec.
               An.
               Dom.
               millesimo
               CCC
               .
               XLIX
               .
               
               Qui
               suit
               cum
               praedicto
               domino
               Andrea
               patre
               praedictae
               Emmae
               ad
               obsidionem
               Civitatis
               Redonis
               in
               Britannia
               ,
               ubi
               ipse
               Johannes
               obiit
               die
               Jovis
               VII
               .
               Kal.
               Feb.
               An.
               Dom.
               millesimo
               CCC
               .
               LVI
               .
               &
               sepultus
               est
               ibidem
               in
               suburgo
               in
               Ecclesia
               Sancti
               Stephani
               Prothomartiris
               ad
               Altare
               Beatae
               Mariae
               virginis
               juxta
               crucem
               ex
               parte
               Boreali
               .
               Et
               praedictus
               Johannes
               procreavit
               de
               praedicta
               Emma
               uxore
               sua
               duos
               filios
               &
               duas
               filias
               ,
               videlicet
               Thomas
               natus
               die
               Sabbati
               in
               festo
               Sancti
               Barnabae
               ,
               An.
               Dom.
               millesimo
               CCC
               .
               LI.
               Johannes
               qui
               non
               vixit
               nisi
               per
               dimidium
               annum
               .
               Agnes
               nata
               .
               .....
            
             
               Willielmus
               tertius
               filius
               praedictorum
               
                 Andreae
                 &
                 Emmae
              
               ,
               non
               vixit
               nisi
               per
               
               duos
               annos
               &
               dimidium
               .
               Johannes
               quartus
               filius
               praedictorum
               Andreae
               &
               Emmae
               non
               vixit
               nisi
               per
               dimidium
               annum
               .
               Alicia
               secunda
               filia
               praedictorum
               Andreae
               &
               Emmae
               ,
               nata
               fuit
               die
               Sabbati
               V.
               Kal.
               Nov.
               An.
               Dom.
               millesimo
               CCC
               .
               XXXV
               .
               &
               obiit
               in
               pestilencia
               An.
               Dom.
               millesimo
               CCC
               .
               XLIX
               .
               &
               sepulta
               est
               apud
               Snetesham
               ,
               in
               Capella
               ex
               parte
               Boreali
               Ecclesiae
               .
               Robertus
               quintus
               filius
               praedictorum
               Andreae
               &
               Emmae
               ,
               natus
               fuit
               die
               Veneris
               VI.
               Kal.
               Jan.
               An.
               Dom.
               millesimo
               CCC
               .
               XXXVI
               .
               &
               obiit
               in
               eadem
               pestilencia
               ,
               An.
               Dom.
               millesimo
               CCC
               .
               XLIX
               .
               &
               sepultus
               est
               juxta
               praedictam
               Aliciam
               sororem
               suam
               .
               Item
               alius
               Willielmus
               filius
               sextus
               praedictorum
               Andreae
               &
               Emmae
               ,
               natus
               fuit
               die
               Lunae
               XI
               .
               Kal.
               Junii
               ,
               An.
               Dom.
               millesimo
               CCC
               .
               XXXIX
               .
            
             
               Margareta
               tertia
               filia
               praedictorum
               
                 Andreae
                 &
                 Emmae
              
               ,
               nata
               fuit
               die
               Jovis
               VII
               .
               
               Id.
               Sept.
               An.
               Dom.
               millesimo
               CCC
               .
               XL.
               &
               obiit
               in
               pestilencia
               praedicta
               ,
               &
               sepulta
               est
               apud
               Snetesham
               ,
               juxta
               praedictum
               Robertum
               fratrem
               suum
               .
               Agnes
               quarta
               filia
               praedictorum
               
                 Andreae
                 &
                 Emmae
              
               ,
               nata
               fuit
               die
               Dominica
               III.
               Non.
               Maii
               ,
               An.
               Dom.
               millesimo
               CCC
               .
               XLII
               .
               &
               obiit
               in
               pestilencia
               supradicta
               ,
               &
               sepulta
               
               est
               juxta
               praedictam
               Margaretam
               sororem
               suam
               .
            
             
               Beata
               quinta
               filia
               praedictorum
               
                 Andreae
                 &
                 Emmae
              
               ,
               non
               vixit
               nisi
               per
               unum
               annum
               &
               quarterium
               .
               Katherina
               sexta
               filia
               praedictorum
               Andreae
               &
               Emmae
               ,
               nata
               fuit
               die
               Mercurii
               VIII
               .
               Kal.
               Junii
               ,
               An.
               Dom.
               CCC
               .
               XLV
               .
            
             
               Christiana
               septima
               filia
               praedictorum
               Andreae
               &
               Emmae
               ,
               nata
               fuit
               die
               Lunae
               VIII
               .
               Kal.
               Octob.
               An.
               Dom.
               millesimo
               CCC
               .
               XLVII
               .
            
             
               Walterus
               septimus
               filius
               praedictorum
               Andreae
               &
               Emmae
               ,
               natus
               fuit
               die
               Veneris
               ,
               III.
               Id.
               Mar.
               An.
               Dom.
               millesimo
               CCC
               .
               LIV.
               finiente
               .
            
             
               *
               
                 Modo
                 dicendum
                 est
                 de
                 exitu
                 Willielmi
                 filii
                 praedictorum
                 Andreae
                 &
                 
                 Emmae
                 ,
                 qui
                 quidem
                 Willielmus
                 fuit
                 filius
                 sextus
                 ,
                 &
                 haeres
                 praedicti
                 Andreae
                 ,
                 seniores
                 filii
                 omnes
                 interiere
                 ut
                 supra
                 .
              
            
             
               
                 Willielmus
                 habuit
                 exitum
                 de
                 se
                 legitime
                 procreatum
                 duas
                 filias
                 
                   Claritiam
                   &
                   Margeriam
                   .
                   Claritia
                
                 fuit
                 desponsata
                 
                   Johanni
                   Toly
                
                 ,
                 &
                 idem
                 
                   Johannes
                   Toly
                   ,
                   &
                   Claritia
                
                 habuerunt
                 exitum
                 de
                 se
                 legitime
                 procreatum
                 unam
                 filiam
                 nomine
                 Margaretam
                 ,
                 quae
                 modo
                 desponsata
                 est
                 Ricardo
                 Elliswyke
                 ,
                 &
                 praedicta
                 Margeria
                 altera
                 filiarum
                 praedicti
                 
                   Willielmi
                   de
                   Sharnburn
                
                 desponsata
                 fuit
                 
                   Willielmo
                   Champeneys
                
                 ,
                 &
                 habuerunt
                 exitus
                 ;
                 modo
                 iidem
                 Willielmus
                 Champeneys
                 ,
                 &
                 Margeria
                 &
                 exitus
                 eorum
                 mortui
                 sunt
                 .
              
            
             
               Item
               memorandum
               ,
               quod
               
                 Ric.
                 Elliswyke
              
               Armiger
               ,
               desponsavit
               
                 Margaretam
                 Toly
              
               filiam
               &
               haeredem
               
                 Johan
                 .
                 Toly
              
               Armigeri
               de
               Sharnburn
               ,
               An.
               Dom.
               millesimo
               CCCC
               .
               IV.
               &
               anno
               Regni
               Regis
               Henrici
               quinti
               quartodecimo
               genuit
               filium
               primogenitum
               nomine
               
                 Thomam
                 Elliswyke
              
               ,
               also
               nomine
               
                 Thomam
                 Sharnburn
              
               ;
               praedictus
               
                 Thomas
                 Sharnburn
              
               genuit
               
                 Johannem
                 Sharnburn
              
               primogenitum
               ex
               Jomena
               uxore
               sua
               ,
               &c.
               ut
               sequitur
               .
               
            
             
               Item
               Robertus
               filius
               secundus
               praedictorum
               
                 Ricardi
                 &
                 Margaretae
              
               ,
               obiit
               sine
               
               haerede
               .
               Item
               Nicholaus
               filius
               tertius
               praedictorum
               
                 Ricardi
                 &
                 Margaretae
              
               fuit
               
               Rector
               Ecclesiae
               de
               Hedham
               .
               Item
               Margareta
               primogenita
               filia
               desponsata
               
               
               fiut
               
                 Roberto
                 Carwell
              
               generoso
               ,
               &
               ex
               ea
               genuit
               
                 Robertum
                 Carwell
              
               ,
               &
               idem
               
                 Robertus
                 Carwell
              
               junior
               desponsavit
               
                 Elianoram
                 Pynkebek
              
               ,
               &c.
               
            
             
               Item
               
                 Thomas
                 Sharnburn
              
               primus
               filius
               praedictorum
               
                 Ricardi
                 &
                 Margaretae
              
               desponsavit
               
                 Jomonam
                 Cherneys
              
               ,
               servientem
               cum
               domina
               Margareta
               Regina
               Angliae
               ,
               &
               ex
               ea
               genuit
               
                 Johannem
                 Sharnburnum
              
               primum
               filium
               :
               &
               praedictus
               
                 Thomas
                 Sharnburn
              
               ,
               fuit
               hostiarius
               camerae
               ,
               cum
               domina
               Margereta
               Regina
               Angliae
               ,
               &
               praedicta
               Jomona
               fuit
               domicell
               .....
               camerae
               cum
               domina
               Margereta
               Regina
               Angliae
               ,
               &
               obiit
               IV.
               die
               Febr.
               An.
               Dom.
               millesimo
               CCCC
               .
               LVIII
               .
               &
               sepulta
               est
               in
               Ecclesia
               Apostolorum
               Petri
               &
               Pauli
               in
               Sharnburn
               ,
               in
               australi
               parte
               sub
               fenestra
               in
               Capella
               ejusdem
               .
            
             
               
               Johannes
               primus
               filius
               praedictorum
               Thomae
               &
               Jomonae
               ,
               natus
               fuit
               VIII
               .
               die
               Julii
               .
               An.
               Dom.
               millesimo
               CCCC
               .
               XLIV
               .
            
             
               
               Edwardus
               secundus
               filius
               praedictorum
               
                 Thomae
                 &
                 Jomonae
              
               ,
               natus
               fuit
               VIII
               .
               Kal.
               Junii
               ,
               &
               obiit
               in
               juvenili
               aetate
               septendecem
               annorum
               ,
               &
               sepultus
               Londoniae
               in
               pestilencia
               .
            
             
               
               Thomas
               tertius
               filius
               praedictorum
               Thomae
               &
               Jomonae
               ,
               natus
               fuit
               tertio
               Non.
               Augusti
               ,
               &
               obiit
               in
               puerili
               aetate
               ,
               &
               sepultus
               est
               in
               Ecclesia
               Apostolorum
               Petri
               &
               Pauli
               de
               Sharnburn
               .
            
             
               
               *
               Margareta
               prima
               &
               ultima
               filia
               praedictorum
               Thomae
               &
               Jomonae
               ,
               nata
               fuit
               XI
               .
               Kal.
               Sept.
               &
               obiit
               in
               juvenili
               aetate
               ,
               &
               sepulta
               est
               in
               Ecclesia
               Sanctae
               Margaretae
               Virginis
               &
               Martyris
               de
               Lynn
               Episcopi
               ,
               An.
               Dom.
               millesimo
               CCCC
               .
               XLVIII
               .
            
             
               Antonius
               quartus
               filius
               praedictorum
               Thomae
               &
               Jomonae
               ,
               natus
               fuit
               pridie
               Kal.
               Feb.
               &
               obiit
               in
               magna
               pestilencia
               cum
               magno
               sudore
               ,
               anno
               aetatis
               suae
               vicesimo
               sexto
               ,
               An.
               Dom.
               millesimo
               CCCC
               .
               LXXXV
               .
               &
               primo
               Regni
               Regis
               Henrici
               septimi
               ,
               &
               sepultus
               est
               Londoniae
               .
            
             
               
                 Johannes
                 Sharnburn
              
               primus
               filius
               &
               haeres
               praedictorum
               
                 Thomae
                 &
                 Jomanae
              
               desponsavit
               Annam
               unam
               haeredum
               &
               filiam
               domini
               
                 Johannis
                 Curson
              
               militis
               ,
               &
               Johannae
               uxoris
               ejus
               de
               Billingsford
               Non.
               Feb.
               An.
               Dom.
               millesimo
               CCCC
               .
               LXXI
               .
               &
               anno
               XII
               .
               Regni
               Regis
               Edwardi
               quarti
               ,
               &
               ex
               ea
               genuit
               duos
               filios
               &
               octo
               filias
               ,
               ut
               patet
               inferius
               .
            
             
               Johanna
               prima
               filia
               praedictorum
               Johannis
               &
               Annae
               ,
               nata
               fuit
               III.
               Kal.
               Apr.
               An.
               Dom.
               millesimo
               CCCC
               .
               LXXIII
               .
               Anno
               XIV
               .
               Regni
               Regis
               Edwardi
               quarti
               .
               Et
               habuit
               ante
               matrimonium
               
                 Robertum
                 Sharnburn
              
               ,
               &
               postea
               nupta
               fuit
               
                 Gervasio
                 Kelfull
              
               de
               Sharnburn
               .
            
             
               Henricus
               primus
               filius
               praedictorum
               Johannis
               &
               Annae
               ,
               natus
               fuit
               die
               dominica
               in
               festo
               Sancti
               Georgii
               Martyris
               ,
               An.
               Dom.
               millesimo
               CCCC
               .
               LXXIV
               .
            
             
               Margareta
               secunda
               filia
               praedictorum
               Johannis
               &
               Annae
               ,
               nata
               fuit
               IX
               .
               Kal.
               Aug.
               An.
               Dom.
               millesimo
               CCCC
               .
               LXXV
               .
               Anno
               Edwardi
               IV.
               XVI
               .
               &
               obiit
               juvenis
               .
               Thomas
               secundus
               filius
               praedictorum
               Johannis
               &
               Annae
               ,
               natus
               fuit
               Idibus
               Sept.
               An.
               Dom.
               millesimo
               CCCC
               .
               LXXVI
               .
               anno
               Regis
               Edwardi
               IV.
               XVII
               .
            
             
               Jomona
               tertia
               filia
               praedictorum
               Johannis
               &
               Annae
               ,
               nata
               fuit
               XVII
               .
               Kal.
               Jan.
               An.
               Dom.
               millesimo
               CCCC
               .
               LXXVII
               .
               Anno
               Regni
               Edwardi
               IV.
               XVIII
               .
               &
               sepulta
               est
               in
               Sharnburn
               .
            
             
               Anna
               quarta
               filia
               praedictorum
               Johannis
               &
               Annae
               ,
               nata
               fuit
               Kal.
               Mar.
               An.
               Dom.
               millesimo
               CCCC
               .
               LXXVIII
               .
               Anno
               Regis
               Edwardi
               IV.
               XIX
               .
               &
               fuit
               monacha
               professa
               in
               Comit.
               Norff.
               &
               obiit
               ibidem
               .
            
             
               Elizabetha
               quinta
               filia
               praedictorum
               Johannis
               &
               Annae
               ,
               nata
               fuit
               primo
               die
               Jan.
               An.
               Dom.
               millesimo
               CCCC
               .
               LXXX
               .
               anno
               Regni
               Edwardi
               quarti
               XXI
               .
               obiit
               in
               juventute
               ,
               &
               sepulta
               est
               in
               Sharnburn
               .
            
             
               Elizabetha
               sexta
               filia
               praedictorum
               Johannis
               &
               Annae
               ,
               nata
               fuit
               XVI
               .
               Kal.
               Dec.
               An.
               Dom.
               millesimo
               CCCC
               .
               LXXXI
               .
               &
               Regni
               Edwardi
               quarti
               XXII
               .
               Et
               postea
               nupta
               fuit
               
                 Edmundo
                 Poget
              
               de
               Honingham
               in
               Comit.
               Norff.
               generoso
               .
            
             
             
               Alicia
               septima
               filia
               praedictorum
               
                 Johannis
                 &
                 Annae
              
               ,
               nata
               fuit
               III.
               Idus
               Nov.
               An.
               Dom.
               millesimo
               CCCC
               .
               LXXXIV
               .
               anno
               secundo
               Regis
               Ricardi
               tertii
               .
            
             
               Agnes
               octava
               filia
               praedictorum
               Johannis
               &
               Annae
               ,
               nata
               fuit
               duodecimo
               Kal.
               Feb.
               An.
               Dom.
               millesimo
               CCCC
               .
               LXXXVII
               .
               Anno
               Regis
               Henrici
               VII
               .
               III.
               &
               vixit
               quatuor
               diebus
               ,
               &
               sepulta
               est
               in
               Sharnburn
               .
            
             
               Modo
               dicendum
               est
               de
               
                 Henrico
                 Sharnburn
              
               ,
               primo
               filio
               &
               haerede
               praedicti
               
                 Johannis
                 Sharnburn
                 ,
                 &
                 Annae
              
               uxoris
               suae
               .
               Qui
               Henricus
               cepit
               in
               uxorem
               Elizabetham
               filiam
               ,
               domini
               
                 Ricardi
                 Lewis
              
               milite
               in
               Comit.
               Essex
               .
               &
               habuit
               ex
               ea
               exitum
               
                 Thomam
                 Sharnburn
              
               ,
               de
               quo
               postea
               ,
               &
               duos
               alios
               filios
               qui
               obierunt
               in
               infantia
               sua
               .
               Hic
               Henricus
               fuit
               vir
               fortis
               &
               validus
               multumque
               versatus
               inter
               Aulicos
               tempore
               Henrici
               octavi
               ,
               qui
               quidem
               Rex
               ipsum
               
                 Henr.
                 Sharnburn
              
               singulari
               quadam
               gratia
               &
               favore
               amplectens
               ,
               primo
               fecit
               eum
               militem
               ,
               deinde
               le
               Provost
               Marshall
               ,
               &
               postea
               Vice-Admirallum
               Angliae
               ,
               misitque
               cum
               ad
               mare
               navi
               viris
               &
               armis
               fortiter
               munita
               ,
               ut
               perpulsaret
               ,
               &
               a
               finibus
               nostris
               perfugaret
               piratos
               &
               praedones
               praecipue
               ex
               Gallica
               gente
               ,
               qui
               eo
               tempore
               plurimum
               praedabantur
               in
               oris
               Angliae
               .
               In
               quo
               negotio
               viriliter
               quidem
               ipse
               Henr.
               se
               gerebat
               quamvis
               sibi
               inutiliter
               successerit
               .
               Nam
               post
               multa
               a
               se
               praeclare
               ac
               valide
               gesta
               tandem
               forte
               incidit
               in
               Admirallum
               Franciae
               ,
               cum
               quo
               ferocissime
               &
               crudelissime
               habuit
               pugnam
               ,
               in
               qua
               plurimi
               ex
               utraque
               parte
               occisi
               fuerunt
               ,
               quorum
               percipuus
               erat
               ipse
               dominus
               
                 Henricus
                 Sharnburn
              
               ,
               &
               sic
               finierunt
               dies
               ejus
               .
               Praedictus
               autem
               
                 Thomas
                 Sharnburn
              
               filius
               &
               haeres
               dicti
               domini
               
                 Henr.
                 Sharnburn
              
               ,
               jam
               tunc
               aetate
               XVIII
               .
               annorum
               erat
               cum
               patre
               suo
               in
               navi
               in
               praedicta
               pugna
               ,
               ubi
               ingens
               &
               insolitus
               bombardarum
               sonitus
               aures
               suas
               ita
               obtudit
               ,
               ut
               semper
               postea
               per
               totam
               vitam
               surdus
               remanserit
               .
               Serviebat
               tamen
               Illustrissimae
               Principi
               dominae
               Mariae
               filiae
               primogenitae
               Regis
               Henrici
               VIII
               .
               &
               ex
               ejus
               familia
               elegit
               sibi
               uxorem
               nomine
               
                 Elizabetham
                 Atwell
              
               unam
               ex
               ancillis
               dictae
               principis
               ,
               ex
               qua
               procreavit
               unum
               filium
               &
               duas
               filias
               ,
               qui
               omnes
               in
               infantia
               aut
               puerili
               aetate
               mortui
               sunt
               .
               Ipsa
               autem
               Elizabetha
               uxor
               dicti
               
                 Thomae
                 Sharnburn
              
               ,
               in
               partu
               unius
               dictorum
               liberorum
               spiritum
               spiravit
               extremum
               XIII
               .
               die
               Feb.
               Anno
               Regis
               Henrici
               VIII
               .
               XXX
               .
               &
               sepultus
               est
               apud
               Sharnburn
               .
               Sed
               praedictus
               Thomas
               brevi
               tempore
               post
               accepit
               aliam
               conjugem
               nomine
               
                 Blitham
                 Brampton
              
               ,
               filiam
               
                 Johannis
                 Brampton
              
               de
               Brampton
               in
               Comit.
               Norff.
               Armigeri
               ,
               quae
               peperit
               sibi
               quinque
               filios
               &
               duas
               filias
               ,
               quorum
               primus
               erat
               
                 Christopherus
                 Sharnburn
              
               qui
               natus
               fuit
               XII
               .
               die
               Oct.
               Anno
               Regni
               Henr.
               VIII
               .
               XXX
               V.
               An.
               Dom.
               1542.
               de
               quo
               postea
               .
            
             
               Secundus
               erat
               
                 Antonius
                 Sharnburn
              
               qui
               obiit
               eodem
               die
               quo
               natus
               fuit
               ,
               viz.
               XXIV
               .
               Feb.
               anno
               Regis
               Henrici
               VIII
               .
               XXXV
               .
               1543.
               
            
             
               Tertius
               erat
               
                 Dorothea
                 Sharnburn
              
               quae
               nata
               fuit
               XX.
               die
               Nov.
               anno
               Henrici
               VIII
               .
               XXXVII
               .
               1545.
               
               Quae
               Dorothea
               primo
               nupta
               fuit
               
                 Johanni
                 Plumstede
              
               de
               Plumstede
               in
               Comit.
               Norff.
               generoso
               ,
               &
               post
               mortem
               dicti
               Thomae
               nupsit
               cuidam
               
                 Roberto
                 Nichols
              
               ,
               &
               habuit
               exitum
               ex
               utroque
               marito
               .
            
             
               Quartus
               erat
               
                 Henr.
                 Sharnburn
              
               qui
               natus
               fuit
               IV.
               die
               Apr.
               anno
               Regis
               Edwardi
               VI.
               primo
               An.
               Dom.
               1547.
               
               Quintus
               erat
               
                 Thomas
                 Sharnburn
              
               qui
               natus
               fuit
               XXIII
               .
               die
               Sept.
               Edwardi
               VI.
               secundo
               ,
               qui
               obiit
               infantulus
               in
               Ingoldsthorp
               apud
               nutricem
               suam
               .
            
             
               Sextus
               autem
               fuit
               
                 Anna
                 Sharnburn
              
               quae
               nata
               erat
               III.
               die
               Novemb.
               anno
               Edwardi
               VI.
               tertio
               obiit
               in
               infantia
               apud
               Dersyngham
               ,
               cum
               nutrice
               sua
               .
               Septimus
               erat
               
                 Antonius
                 Sharnburn
              
               ,
               qui
               ortns
               fuit
               XX.
               die
               Mar.
               anno
               Regni
               Edwardi
               VI.
               quinto
               An.
               Dom.
               155●
               .
               qui
               obiit
               etiam
               tertio
               die
               Jan.
               An.
               Dom.
               16●4
               .
               anno
               aetatis
               suae
               LIII
               .
               &
               quia
               celibatam
               degebat
               vitam
               nullum
               ex
               se
               〈◊〉
               exitum
               .
               Praedictus
               autem
               
                 Thomas
                 Sharnburn
              
               pater
               praedictorum
               liberorum
               in
               senectute
               sua
               saepe
               ,
               &
               vehementer
               gravabatur
               ex
               dolore
               lapidis
               in
               ●enibus
               &
               vesica
               ,
               qui
               morbus
               ita
               vires
               suas
               naturales
               debilitavit
               &
               mortem
               approximavit
               ,
               ut
               XXII
               .
               die
               Mar.
               An.
               Dom.
               1559.
               diem
               clausit
               extremum
               .
               Et
               sepultus
               est
               in
               Capella
               Ecclesiae
               de
               Sharnburn
               ,
               atque
               praedicta
               Blitha
               uxor
               ejus
               supervixit
               eum
               ,
               &
               habuit
               sibi
               pro
               termino
               vitae
               suae
               totum
               manerium
               de
               Sharnburn
               ,
               
               nupsitque
               cuidam
               
                 Lanceloto
                 Smalperd
              
               generoso
               ,
               cum
               quo
               degebat
               pluribus
               annis
               &
               supervixit
               eum
               per
               decem
               annos
               ,
               ita
               ut
               omnes
               dies
               ipsius
               Blithae
               possunt
               computari
               ad
               octoginta
               ,
               &
               sex
               vel
               septem
               annos
               ,
               obiit
               autem
               primo
               die
               Nov.
               An.
               Dom.
               1602.
               &
               sepulta
               est
               in
               Capella
               Ecclesiae
               de
               Sharnburn
               ,
               loco
               ubi
               Thomas
               Sharnburn
               maritus
               suus
               sepultus
               fuit
               .
            
             
               Modo
               dicendum
               est
               de
               
                 Christophero
                 Sharnburn
              
               ,
               primo
               filio
               praedictorum
               Thomae
               &
               Blithae
               ,
               qui
               postquam
               ad
               virilem
               aetatem
               pervenerat
               duxit
               in
               uxorem
               
                 Annam
                 Veere
              
               ,
               ex
               progenie
               Comit.
               Oxon.
               &
               consanguineam
               Thomae
               Ducis
               Norff.
               ex
               qua
               procreavit
               
                 Franciscum
                 Sharnburn
              
               ,
               de
               quo
               postea
               .
               Et
               praedictus
               Christopherus
               obiit
               sexto
               die
               Julii
               ,
               An.
               Dom.
               1576.
               anno
               aetatis
               suae
               tricesimo
               quarto
               ,
               &
               sepultus
               in
               inferiori
               parte
               Capellae
               Ecclesiae
               de
               Sharnb●rn
               prope
               parietem
               .
            
             
               FINIS
               .
            
          
           
             
             
             
             
               A
               DIALOGUE
               Concerning
               the
               COIN
               
                 of
                 the
              
               KINGDOM
               :
               Particularly
               ,
               What
               great
               Treasures
               were
               exhausted
               from
               England
               ,
               by
               the
               usurp't
               Supremacie
               of
               Rome
               .
            
             
               Viandante
               .
               Selvaggio
               .
            
             
               
                 VIand
                 .
              
               
                 *
                 .....
                 God
                 amend
                 them
                 :
                 But
                 to
                 return
                 to
                 the
                 point
                 that
                 led
                 us
                 into
                 this
                 digression
                 ,
                 
                   The
                   excessive
                   price
                   of
                   Meat
                
                 ;
                 I
                 pray
                 let
                 us
                 now
                 leave
                 foreign
                 Countries
                 ,
                 to
                 look
                 a
                 little
                 into
                 our
                 own
                 ;
                 and
                 tell
                 me
                 what
                 you
                 think
                 to
                 be
                 the
                 cause
                 ,
                 that
                 the
                 prices
                 of
                 things
                 do
                 so
                 far
                 exceed
                 the
                 proportion
                 of
                 ancient
                 times
                 .
                 For
                 I
                 have
                 seen
                 in
                 an
                 old
                 Evidence
                 ,
                 that
                 a
                 good
                 Cow
                 was
                 in
                 those
                 days
                 sold
                 for
                 ten
                 or
                 twelve
                 shillings
                 ;
                 and
                 at
                 this
                 day
                 ,
                 I
                 dare
                 say
                 such
                 an
                 one
                 will
                 cost
                 thirty
                 or
                 fourty
                 shillings
                 ,
                 and
                 so
                 likewise
                 of
                 other
                 things
                 .
              
            
             
               
                 Selv.
                 
              
               
                 How
                 sore
                 soever
                 
                   Victualers
                   ,
                   Inn-keepers
                   ,
                   Taverns
                
                 ,
                 and
                 such
                 like
                 ,
                 gripe
                 their
                 Guests
                 and
                 Travellers
                 ;
                 yet
                 it
                 is
                 worth
                 the
                 examining
                 whether
                 the
                 prices
                 of
                 things
                 be
                 in
                 any
                 notable
                 excess
                 greater
                 than
                 in
                 ancient
                 times
                 they
                 have
                 been
                 .
                 For
                 if
                 we
                 consider
                 the
                 value
                 of
                 the
                 shilling
                 then
                 ,
                 with
                 the
                 value
                 of
                 the
                 shilling
                 now
                 ;
                 we
                 shall
                 find
                 that
                 their
                 shilling
                 was
                 in
                 value
                 three
                 of
                 ours
                 .
                 For
                 then
                 ,
                 out
                 of
                 an
                 ounce
                 of
                 Silver
                 they
                 coin'd
                 but
                 sive
                 groats
                 ,
                 and
                 after
                 (
                 because
                 mony
                 was
                 scarce
                 in
                 the
                 Land
                 )
                 the
                 King
                 caused
                 ten
                 groats
                 to
                 be
                 made
                 of
                 an
                 ounce
                 .
                 So
                 that
                 by
                 this
                 means
                 there
                 grew
                 to
                 be
                 twice
                 as
                 much
                 mony
                 in
                 the
                 Land
                 as
                 was
                 afore
                 ,
                 and
                 yet
                 never
                 the
                 more
                 of
                 Silver
                 .
                 After
                 ,
                 in
                 the
                 36.
                 of
                 Henr.
                 VIII
                 .
                 it
                 was
                 enhaunc'd
                 to
                 four
                 shillings
                 the
                 ounce
                 ;
                 and
                 now
                 lastly
                 unto
                 five
                 .
                 So
                 that
                 now
                 our
                 five
                 shillings
                 neither
                 weigheth
                 nor
                 is
                 more
                 worth
                 in
                 Silver
                 ,
                 than
                 their
                 sive
                 groats
                 of
                 ancient
                 time
                 .
                 And
                 then
                 it
                 followeth
                 by
                 necessary
                 consequence
                 ,
                 that
                 the
                 Cow
                 that
                 you
                 speak
                 of
                 to
                 be
                 sold
                 for
                 ten
                 shillings
                 ,
                 may
                 now
                 be
                 well
                 worth
                 thirty
                 shillings
                 ,
                 and
                 yet
                 no
                 difference
                 at
                 all
                 in
                 their
                 prices
                 .
                 For
                 admit
                 ,
                 that
                 the
                 custom
                 used
                 in
                 the
                 time
                 of
                 the
                 Conqueror
                 ,
                 and
                 since
                 also
                 ,
                 (
                 as
                 appeareth
                 by
                 Doomsday-book
                 ,
                 &c.
                 )
                 had
                 continu'd
                 until
                 this
                 day
                 ;
                 to
                 receive
                 and
                 pay
                 all
                 summs
                 of
                 mony
                 according
                 unto
                 the
                 weight
                 and
                 touch
                 ,
                 without
                 respect
                 of
                 the
                 Stamp
                 or
                 Coin
                 ;
                 then
                 was
                 the
                 price
                 of
                 your
                 ten
                 shilling
                 Cow
                 six
                 ounces
                 of
                 Silver
                 ,
                 and
                 ours
                 of
                 thirty
                 shillings
                 is
                 so
                 likewise
                 ,
                 and
                 not
                 one
                 peny
                 more
                 ;
                 &
                 
                   sic
                   de
                   caeteris
                
                 .
                 But
                 admit
                 again
                 ,
                 that
                 the
                 Queen's
                 Majesty
                 should
                 reduce
                 her
                 Coin
                 to
                 the
                 former
                 Rate
                 of
                 sive
                 groats
                 to
                 the
                 ounce
                 ,
                 do
                 you
                 think
                 that
                 things
                 would
                 then
                 be
                 sold
                 for
                 so
                 many
                 shillings
                 or
                 pounds
                 ,
                 as
                 they
                 now
                 be
                 ?
                 I
                 warrant
                 you
                 ,
                 No.
                 Then
                 is
                 it
                 the
                 unstable
                 value
                 of
                 our
                 former
                 Coins
                 ,
                 that
                 so
                 much
                 deceiveth
                 a
                 great
                 number
                 .
                 
                 For
                 look
                 into
                 such
                 things
                 as
                 have
                 always
                 retain'd
                 an
                 uniform
                 content
                 ,
                 and
                 you
                 shall
                 find
                 little
                 difference
                 between
                 our
                 and
                 the
                 former
                 times
                 ,
                 in
                 giving
                 one
                 of
                 those
                 things
                 for
                 another
                 .
                 For
                 at
                 this
                 day
                 ,
                 you
                 may
                 buy
                 a
                 Cow
                 for
                 as
                 few
                 Sheep
                 as
                 you
                 could
                 then
                 ,
                 and
                 a
                 Horse
                 for
                 as
                 few
                 Cows
                 .
                 The
                 Land
                 that
                 was
                 then
                 lett
                 (
                 with
                 us
                 in
                 Norfolk
                 for
                 8d.
                 or
                 10d.
                 the
                 acre
                 ,
                 and
                 now
                 for
                 eight
                 groats
                 or
                 three
                 shillings
                 ,
                 was
                 in
                 those
                 days
                 also
                 let
                 for
                 a
                 coumbe
                 of
                 Barley
                 ,
                 and
                 yet
                 will
                 not
                 now
                 be
                 hired
                 at
                 so
                 great
                 a
                 Rate
                 .
              
            
             
               
                 Viand
                 .
              
               
                 You
                 have
                 answer'd
                 me
                 beyond
                 my
                 expectation
                 ;
                 but
                 yet
                 not
                 fully
                 satisfy'd
                 me
                 .
                 For
                 tho'
                 I
                 allow
                 you
                 these
                 proportions
                 ,
                 yet
                 there
                 remaineth
                 a
                 great
                 diversitie
                 .
                 For
                 I
                 have
                 read
                 ,
                 that
                 in
                 old
                 time
                 ,
                 a
                 quarter
                 of
                 Wheat
                 was
                 sold
                 at
                 London
                 for
                 2s.
                 a
                 fat
                 Ox
                 for
                 a
                 noble
                 ,
                 a
                 fat
                 Sheep
                 for
                 6d.
                 or
                 8d.
                 half
                 a
                 dozen
                 of
                 Pigeons
                 for
                 a
                 peny
                 ,
                 a
                 fat
                 Goose
                 for
                 2d.
                 a
                 Pig
                 for
                 a
                 peny
                 ,
                 and
                 other
                 things
                 after
                 that
                 Rate
                 .
                 And
                 yet
                 I
                 grant
                 that
                 a
                 Man
                 in
                 letting
                 or
                 selling
                 his
                 Land
                 for
                 Corn
                 ,
                 Cattel
                 ,
                 and
                 such
                 like
                 ,
                 or
                 ware
                 for
                 ware
                 ,
                 might
                 in
                 those
                 days
                 have
                 as
                 much
                 as
                 he
                 can
                 get
                 now
                 .
              
            
             
               
                 Selv.
                 
              
               
                 The
                 time
                 you
                 speak
                 of
                 was
                 about
                 the
                 10
                 th
                 .
                 of
                 Edw.
                 III.
                 and
                 the
                 like
                 hath
                 been
                 at
                 other
                 times
                 also
                 .
                 And
                 when
                 the
                 cause
                 hereof
                 is
                 well
                 consider'd
                 ,
                 you
                 shall
                 find
                 another
                 right
                 good
                 reason
                 ,
                 why
                 things
                 should
                 be
                 sold
                 for
                 more
                 mony
                 now
                 ,
                 than
                 they
                 were
                 then
                 ,
                 and
                 yet
                 no
                 whit
                 at
                 all
                 dearer
                 ;
                 and
                 that
                 is
                 ,
                 the
                 plenty
                 and
                 abundance
                 of
                 plate
                 and
                 mony
                 ,
                 which
                 at
                 this
                 day
                 is
                 to
                 be
                 found
                 in
                 England
                 ,
                 more
                 than
                 ever
                 was
                 in
                 time
                 past
                 .
                 For
                 it
                 is
                 not
                 our
                 Commodities
                 that
                 be
                 grown
                 dearer
                 ,
                 but
                 Gold
                 and
                 Silver
                 are
                 become
                 more
                 common
                 and
                 of
                 less
                 estimation
                 than
                 they
                 were
                 wont
                 .
                 Insomuch
                 ,
                 that
                 whereas
                 Plate
                 was
                 dainty
                 in
                 Great-men's
                 Houses
                 ,
                 it
                 ruffleth
                 now
                 even
                 at
                 the
                 meanest
                 Tables
                 ;
                 and
                 mony
                 is
                 so
                 little
                 respected
                 ,
                 as
                 we
                 will
                 give
                 great
                 store
                 thereof
                 
                 for
                 a
                 small
                 Commodity
                 .
                 Like
                 as
                 in
                 the
                 days
                 of
                 Solomon
                 ,
                 Silver
                 was
                 so
                 plentiful
                 ,
                 as
                 it
                 was
                 nothing
                 esteem'd
                 :
                 no
                 ,
                 it
                 was
                 holden
                 so
                 base
                 a
                 mettal
                 ,
                 as
                 Solomon
                 would
                 not
                 make
                 one
                 vessel
                 thereof
                 ,
                 no
                 ,
                 not
                 for
                 his
                 own
                 service
                 ,
                 much
                 less
                 for
                 the
                 Temple
                 of
                 God.
                 Yet
                 afterward
                 it
                 became
                 so
                 scarce
                 ,
                 as
                 when
                 
                 Joash
                 undertook
                 to
                 repair
                 the
                 Temple
                 ,
                 he
                 was
                 driven
                 to
                 tax
                 the
                 people
                 for
                 it
                 ,
                 that
                 thereby
                 he
                 might
                 have
                 wherewith
                 to
                 pay
                 the
                 work-men
                 ,
                 and
                 whereon
                 to
                 make
                 the
                 holy
                 Vessels
                 .
                 So
                 ,
                 King
                 Edw.
                 III.
                 having
                 with
                 effusion
                 of
                 much
                 Treasure
                 ended
                 his
                 Scottish
                 Wars
                 ,
                 and
                 determin'd
                 to
                 begin
                 afresh
                 with
                 France
                 ,
                 practised
                 such
                 means
                 to
                 recover
                 mony
                 to
                 supply
                 these
                 charges
                 ,
                 as
                 he
                 got
                 so
                 much
                 into
                 his
                 hands
                 ,
                 that
                 Writers
                 report
                 ,
                 it
                 was
                 very
                 scant
                 and
                 hard
                 to
                 be
                 come
                 by
                 ,
                 through
                 the
                 whole
                 Realm
                 .
                 And
                 hereupon
                 proceeded
                 the
                 cheapness
                 that
                 you
                 speak
                 of
                 ;
                 Men
                 were
                 constrained
                 to
                 give
                 a
                 great
                 deal
                 of
                 ware
                 for
                 a
                 little
                 mony
                 ,
                 because
                 they
                 could
                 have
                 no
                 other
                 chaffer
                 for
                 their
                 Commodities
                 .
                 But
                 from
                 these
                 particular
                 Contingents
                 ,
                 you
                 must
                 not
                 raise
                 general
                 Consequents
                 :
                 for
                 in
                 that
                 sort
                 ,
                 I
                 can
                 shew
                 unto
                 you
                 ,
                 that
                 things
                 were
                 much
                 dearer
                 before
                 the
                 time
                 you
                 speak
                 of
                 ,
                 than
                 they
                 are
                 now
                 .
                 As
                 in
                 22.
                 
                 Edw.
                 I.
                 a
                 quarter
                 of
                 Wheat
                 was
                 sold
                 for
                 30s.
                 So
                 in
                 the
                 time
                 of
                 Richard
                 I.
                 all
                 things
                 were
                 so
                 exceeding
                 dear
                 for
                 three
                 or
                 four
                 years
                 together
                 ,
                 that
                 a
                 quarter
                 of
                 Wheat
                 was
                 then
                 sold
                 for
                 18
                 ●
                 .
                 8
                 ●
                 .
                 a
                 strange
                 price
                 ,
                 if
                 you
                 consider
                 the
                 alay
                 of
                 mony
                 then
                 currant
                 ;
                 and
                 this
                 was
                 almost
                 400.
                 years
                 agoe
                 .
                 Also
                 in
                 the
                 year
                 1289.
                 
                 (
                 Edw.
                 I.
                 17.
                 )
                 Wheat
                 was
                 ordinarily
                 sold
                 for
                 2s.
                 the
                 bushel
                 ,
                 and
                 continued
                 at
                 that
                 price
                 almost
                 fourty
                 years
                 together
                 ;
                 rising
                 oftentimes
                 to
                 10s.
                 the
                 bushel
                 ,
                 and
                 sometimes
                 to
                 a
                 mark
                 and
                 above
                 ,
                 as
                 in
                 the
                 year
                 1317.
                 and
                 in
                 these
                 days
                 ,
                 other
                 things
                 bare
                 price
                 accordingly
                 .
                 I
                 could
                 put
                 you
                 many
                 Examples
                 more
                 ,
                 if
                 these
                 sufficed
                 not
                 :
                 but
                 sure
                 I
                 am
                 of
                 mind
                 ,
                 that
                 all
                 occurrents
                 rightly
                 weigh'd
                 ,
                 things
                 be
                 little
                 or
                 nothing
                 dearer
                 than
                 in
                 ancient
                 time
                 .
              
            
             
               
                 Viand
                 .
              
               
                 You
                 say
                 sore
                 unto
                 me
                 ,
                 if
                 you
                 make
                 it
                 apparent
                 that
                 mony
                 were
                 so
                 plentiful
                 as
                 you
                 affirm
                 it
                 .
                 For
                 my
                 own
                 part
                 ,
                 I
                 am
                 sure
                 ,
                 I
                 have
                 little
                 enough
                 .
              
            
             
               
                 Selv.
                 
              
               
                 And
                 I
                 too
                 :
                 but
                 that
                 is
                 not
                 the
                 matter
                 :
                 For
                 what
                 store
                 of
                 sap
                 soever
                 the
                 tree
                 hath
                 ,
                 yet
                 many
                 spriggs
                 and
                 leaves
                 do
                 wither
                 away
                 for
                 want
                 thereof
                 .
                 
                 The
                 great
                 ones
                 have
                 it
                 ,
                 I
                 warrant
                 you
                 ;
                 and
                 that
                 
                   ultra
                   modum
                
                 ;
                 but
                 to
                 our
                 matter
                 .
                 Two
                 things
                 are
                 the
                 causes
                 thereof
                 :
                 It
                 is
                 brought
                 in
                 more
                 plentifully
                 than
                 in
                 ancient
                 times
                 ,
                 and
                 carryed
                 out
                 more
                 sparingly
                 .
                 Brought
                 in
                 more
                 plentifully
                 ,
                 in
                 respect
                 of
                 greater
                 traffick
                 that
                 we
                 have
                 had
                 within
                 these
                 latter
                 years
                 ,
                 even
                 to
                 all
                 places
                 in
                 the
                 World
                 ;
                 by
                 which
                 we
                 have
                 utter'd
                 our
                 own
                 Commodities
                 at
                 the
                 dearest
                 ;
                 and
                 fetcht
                 the
                 foreign
                 from
                 the
                 original
                 places
                 ,
                 which
                 with
                 far
                 greater
                 charge
                 we
                 were
                 wont
                 to
                 buy
                 at
                 second
                 hand
                 .
              
            
             
               
                 Viand
                 .
              
               
                 Yea
                 ,
                 marry
                 ,
                 Sir
                 :
                 the
                 less
                 we
                 have
                 of
                 some
                 of
                 that
                 trafficking
                 ,
                 the
                 better
                 (
                 I
                 think
                 )
                 for
                 England
                 .
                 For
                 by
                 this
                 means
                 ,
                 they
                 carry
                 from
                 us
                 our
                 good
                 Corn
                 ,
                 Wooll
                 ,
                 Cloth
                 ,
                 Copper
                 ,
                 Lead
                 ,
                 Tinn
                 ,
                 and
                 such
                 like
                 rich
                 Commodities
                 ,
                 and
                 the
                 sustenance
                 of
                 our
                 Countrey
                 ;
                 and
                 return
                 us
                 for
                 them
                 excess
                 of
                 Lawn
                 ,
                 Camrick
                 ,
                 Plums
                 ,
                 Spice
                 ,
                 Suckets
                 ,
                 and
                 other
                 lascivious
                 trumpery
                 ,
                 whereby
                 effeminate
                 delicacie
                 is
                 crept
                 in
                 amongst
                 us
                 ,
                 and
                 our
                 warlike
                 reputation
                 put
                 in
                 peril
                 to
                 be
                 lost
                 .
                 This
                 kind
                 of
                 traffick
                 may
                 well
                 be
                 term'd
                 
                   Glauci
                   &
                   Diomedis
                   permutatio
                
                 .
                 Doth
                 the
                 wealth
                 and
                 mony
                 you
                 speak
                 of
                 ,
                 come
                 into
                 England
                 by
                 this
                 means
                 ?
              
            
             
               
                 Selv.
                 
              
               
                 Nothing
                 less
                 .
                 There
                 be
                 other
                 good
                 merchandise
                 enough
                 ;
                 as
                 Pitch
                 ,
                 Tar
                 ,
                 Iron
                 ,
                 Copper
                 ,
                 Deal
                 ,
                 Madder
                 ,
                 Woad
                 ,
                 Cutchaneale
                 ,
                 and
                 such
                 like
                 ;
                 and
                 yet
                 those
                 you
                 speak
                 of
                 ,
                 are
                 in
                 some
                 measure
                 necessary
                 .
                 But
                 by
                 our
                 traffick
                 into
                 foreign
                 Countries
                 ,
                 tho'
                 we
                 many
                 times
                 bring
                 home
                 light
                 and
                 frivolous
                 toys
                 ,
                 yet
                 they
                 are
                 often
                 accompanied
                 with
                 Gold
                 and
                 Silver
                 ,
                 both
                 in
                 Coin
                 and
                 Bullion
                 .
                 Besides
                 ,
                 you
                 know
                 that
                 the
                 Treasure
                 (
                 according
                 to
                 my
                 capacity
                 )
                 is
                 infinite
                 ,
                 which
                 in
                 these
                 later
                 years
                 hath
                 been
                 unshipp'd
                 in
                 England
                 .
              
            
             
               
                 Viand
                 .
              
               
                 True
                 ;
                 but
                 goeth
                 it
                 not
                 out
                 as
                 merrily
                 (
                 think
                 you
                 )
                 as
                 it
                 cometh
                 in
                 ?
                 or
                 not
                 so
                 fast
                 ,
                 as
                 it
                 did
                 in
                 times
                 past
                 ?
              
            
             
               
                 Selv.
                 
              
               
                 That
                 is
                 the
                 other
                 point
                 to
                 be
                 consider'd
                 of
                 ;
                 and
                 ,
                 I
                 know
                 by
                 certain
                 speeches
                 utter'd
                 in
                 the
                 last
                 Parliament
                 ,
                 that
                 her
                 Majestie
                 's
                 occasions
                 to
                 disperse
                 it
                 ,
                 are
                 exceeding
                 great
                 and
                 urgent
                 :
                 yet
                 a
                 principal
                 part
                 thereof
                 runneth
                 (
                 as
                 in
                 a
                 circle
                 )
                 up
                 and
                 down
                 the
                 Land.
                 And
                 tho'
                 she
                 sendeth
                 much
                 beyond
                 the
                 Seas
                 ,
                 for
                 entertainment
                 of
                 her
                 Bands
                 and
                 Garisons
                 ,
                 and
                 executing
                 of
                 her
                 other
                 Royal
                 purposes
                 ;
                 yet
                 doth
                 she
                 therein
                 but
                 as
                 all
                 her
                 Renown'd
                 Progenitors
                 have
                 done
                 before
                 her
                 :
                 For
                 neither
                 England
                 ,
                 nor
                 any
                 other
                 Realm
                 in
                 Europe
                 ,
                 have
                 ever
                 wanted
                 this
                 kind
                 of
                 issue
                 .
                 But
                 the
                 reasons
                 that
                 make
                 me
                 think
                 that
                 our
                 wealth
                 should
                 continue
                 with
                 us
                 better
                 now
                 than
                 in
                 times
                 past
                 it
                 hath
                 done
                 ;
                 are
                 ,
                 for
                 that
                 the
                 Roman-coffers
                 are
                 not
                 now
                 glutted
                 (
                 as
                 they
                 have
                 been
                 )
                 with
                 English-treasure
                 continually
                 flowing
                 into
                 them
                 .
                 For
                 it
                 is
                 a
                 world
                 to
                 consider
                 the
                 huge
                 stocks
                 of
                 mony
                 ,
                 that
                 those
                 cozening
                 Prelates
                 have
                 heretofore
                 extorted
                 out
                 of
                 her
                 Majesties
                 Kingdoms
                 ,
                 by
                 their
                 Antichristian
                 and
                 usurpt
                 Supremacie
                 .
                 As
                 ,
                 by
                 Pope
                 Innocent
                 constraining
                 King
                 John
                 to
                 redeem
                 his
                 Crown
                 at
                 his
                 hands
                 ,
                 and
                 to
                 take
                 it
                 for
                 ever
                 in
                 farm
                 ,
                 for
                 the
                 yearly
                 rent
                 of
                 1000.
                 marks
                 ,
                 to
                 be
                 paid
                 to
                 him
                 and
                 his
                 Successors
                 :
                 By
                 causing
                 Henry
                 III.
                 to
                 maintain
                 his
                 wars
                 against
                 Frederick
                 the
                 Emperor
                 and
                 Conrade
                 King
                 of
                 Sicil
                 :
                 By
                 drawing
                 from
                 our
                 Kings
                 many
                 contributions
                 and
                 benevolences
                 :
                 By
                 laying
                 upon
                 their
                 Subjects
                 ,
                 as
                 well
                 temporal
                 as
                 spiritual
                 ,
                 tenths
                 and
                 taxes
                 ,
                 in
                 most
                 ravenous
                 manner
                 ,
                 and
                 that
                 very
                 often
                 .
                 (
                 So
                 that
                 in
                 the
                 time
                 of
                 Henry
                 III.
                 the
                 Realm
                 was
                 by
                 such
                 an
                 extream
                 tax
                 mightily
                 impoverished
                 ,
                 as
                 our
                 Chronicles
                 witness
                 ;
                 as
                 also
                 at
                 many
                 other
                 times
                 since
                 and
                 before
                 .
                 For
                 when
                 the
                 Pope
                 was
                 disposed
                 to
                 use
                 mony
                 ,
                 he
                 would
                 tax
                 our
                 people
                 as
                 if
                 they
                 had
                 been
                 his
                 natural
                 Subjects
                 ;
                 by
                 many
                 Congratulations
                 of
                 the
                 Clergy
                 ,
                 as
                 11000.
                 marks
                 at
                 one
                 pull
                 to
                 Pope
                 Innocent
                 IV.
                 by
                 private
                 Remembrances
                 from
                 single
                 Bishops
                 ,
                 as
                 9500.
                 marks
                 from
                 the
                 Arch-bishop
                 of
                 York
                 to
                 Pope
                 Clement
                 V.
                 in
                 An.
                 34.
                 or
                 35.
                 
                 Edw.
                 I.
                 and
                 from
                 divers
                 of
                 them
                 jointly
                 6000.
                 marks
                 to
                 the
                 foresaid
                 
                   Innocent
                   .
                
                 )
                 By
                 their
                 rich
                 Revenue
                 of
                 the
                 First-fruits
                 and
                 Tenths
                 ,
                 as
                 well
                 of
                 the
                 Archbishopricks
                 ,
                 as
                 of
                 all
                 other
                 Spiritual
                 Livings
                 ;
                 now
                 reannext
                 unto
                 the
                 Crown
                 
                 by
                 the
                 Parliament
                 ,
                 in
                 the
                 first
                 of
                 her
                 Majesty
                 :
                 By
                 Installing
                 ,
                 Consecrating
                 ,
                 and
                 Confirming
                 Bishops
                 :
                 By
                 dealing
                 Benefices
                 :
                 By
                 appellations
                 to
                 the
                 Church
                 of
                 Rome
                 :
                 By
                 giving
                 definitive
                 Sentences
                 :
                 By
                 distributing
                 heavenly
                 Grace
                 :
                 By
                 granting
                 Pardons
                 and
                 Faculties
                 :
                 By
                 dispensations
                 of
                 
                   Marriages
                   ,
                   Oaths
                
                 ,
                 and
                 such
                 like
                 :
                 By
                 selling
                 their
                 blessed
                 trumpery
                 ,
                 and
                 many
                 such
                 other
                 things
                 that
                 I
                 cannot
                 reckon
                 ,
                 whereof
                 that
                 merchandizing
                 Prelate
                 knoweth
                 full
                 well
                 how
                 to
                 make
                 a
                 Commoditie
                 :
                 according
                 to
                 the
                 saying
                 of
                 Mantuan
                 ;
                 
                   
                     —
                     Venalia
                     nobis
                  
                   
                     Templa
                     ,
                     Sacerdotes
                     ,
                     Altaria
                     sacra
                     ,
                     Coronae
                     ,
                  
                   
                     Ignis
                     ,
                     thura
                     ,
                     preces
                     ,
                     coelum
                     est
                     Venale
                     ,
                     Deusque
                     .
                  
                
              
               
                 All
                 this
                 consider'd
                 ,
                 and
                 that
                 the
                 summs
                 of
                 mony
                 by
                 them
                 receiv'd
                 before
                 the
                 time
                 of
                 Henry
                 VIII
                 ,
                 were
                 (
                 according
                 to
                 the
                 value
                 of
                 our
                 Coin
                 at
                 this
                 day
                 )
                 three
                 times
                 as
                 much
                 ,
                 as
                 before
                 is
                 shewed
                 ;
                 you
                 must
                 needs
                 confess
                 that
                 the
                 fat
                 of
                 the
                 Land
                 larded
                 the
                 Roman
                 dishes
                 ,
                 whilst
                 our selves
                 teer'd
                 upon
                 the
                 lean-bones
                 .
                 Besides
                 ,
                 it
                 must
                 not
                 be
                 forgotten
                 ,
                 that
                 one
                 tenth
                 granted
                 to
                 the
                 Pope
                 ,
                 impoverisht
                 the
                 Realm
                 more
                 than
                 ten
                 unto
                 the
                 King.
                 For
                 what
                 the
                 King
                 had
                 ,
                 was
                 at
                 length
                 return'd
                 again
                 among
                 the
                 Subjects
                 ,
                 little
                 thereof
                 going
                 out
                 of
                 the
                 Land
                 :
                 (
                 much
                 like
                 the
                 life-blood
                 ,
                 which
                 tho'
                 it
                 shifteth
                 in
                 divers
                 parts
                 ,
                 yet
                 still
                 continueth
                 it self
                 within
                 the
                 body
                 .
                 )
                 But
                 whatsoever
                 came
                 into
                 St.
                 
                   Peter's
                   pouch
                
                 ,
                 was
                 lockt
                 up
                 with
                 the
                 infernal
                 key
                 ;
                 
                   Et
                   ,
                   ab
                   infernis
                   nulla
                   est
                   redemptio
                   .
                
                 England
                 might
                 lick
                 her
                 lips
                 after
                 that
                 ;
                 it
                 came
                 no
                 more
                 among
                 her
                 people
                 .
                 Thus
                 ,
                 we
                 were
                 made
                 the
                 Bees
                 of
                 Holy-Church
                 ;
                 suffer'd
                 to
                 work
                 and
                 store
                 our
                 hives
                 as
                 well
                 as
                 we
                 could
                 ;
                 but
                 when
                 they
                 waxed
                 any
                 thing
                 weighty
                 ,
                 his
                 Legates
                 were
                 sent
                 to
                 drive
                 them
                 and
                 fetch
                 away
                 the
                 honey
                 .
                 Yea
                 ,
                 if
                 his
                 Holyness
                 were
                 sharp
                 sett
                 indeed
                 ,
                 he
                 would
                 not
                 stick
                 to
                 use
                 a
                 trick
                 of
                 Husbandry
                 ,
                 rather
                 burn
                 the
                 Bees
                 than
                 want
                 the
                 honey
                 .
                 I
                 may
                 tell
                 you
                 too
                 ,
                 his
                 Legates
                 and
                 Nuncio's
                 were
                 ever
                 trim
                 fellows
                 at
                 licking
                 of
                 the
                 hive
                 ;
                 as
                 in
                 our
                 Chronicles
                 you
                 may
                 read
                 abundantly
                 .
              
            
             
               
                 Viand
                 .
              
               
                 You
                 have
                 made
                 the
                 matter
                 so
                 plain
                 ,
                 that
                 I
                 must
                 needs
                 grant
                 that
                 our
                 treasure
                 goeth
                 not
                 out
                 of
                 the
                 Land
                 in
                 any
                 comparable
                 measure
                 ,
                 as
                 it
                 did
                 in
                 times
                 past
                 .
                 For
                 as
                 you
                 say
                 ,
                 tho'
                 these
                 actions
                 of
                 the
                 
                   Low-Countries
                   ,
                   France
                   ,
                   Portugal
                
                 ,
                 and
                 other
                 places
                 ,
                 hath
                 somewhat
                 suck'd
                 us
                 ;
                 yet
                 I
                 consider
                 that
                 we
                 have
                 ever
                 had
                 such
                 a
                 vent
                 ,
                 even
                 in
                 the
                 several
                 days
                 of
                 our
                 Kings
                 ,
                 as
                 in
                 the
                 time
                 of
                 Queen
                 Mary
                 ,
                 King
                 Edw.
                 VI.
                 King
                 Henry
                 VIII
                 .
                 &c.
                 
              
            
             
               
                 Selv.
                 
              
               
                 Their
                 occasions
                 indeed
                 are
                 best
                 known
                 unto
                 us
                 ,
                 because
                 many
                 men
                 living
                 were
                 witnesses
                 thereof
                 .
                 But
                 I
                 will
                 recite
                 unto
                 you
                 cursorily
                 somewhat
                 of
                 the
                 rest
                 ,
                 that
                 you
                 may
                 the
                 better
                 be
                 satisfy'd
                 that
                 it
                 is
                 no
                 novelty
                 in
                 England
                 .
                 And
                 for
                 to
                 begin
                 with
                 Henry
                 II.
                 what
                 store
                 of
                 treasure
                 (
                 think
                 you
                 )
                 was
                 by
                 him
                 and
                 his
                 wasteful
                 sons
                 (
                 whereof
                 two
                 ,
                 namely
                 Henry
                 and
                 John
                 were
                 Kings
                 as
                 well
                 as
                 himself
                 )
                 daily
                 carry'd
                 into
                 
                   France
                   ,
                   Flanders
                   ,
                   Saxony
                   ,
                   Sicil
                   ,
                   Castile
                   ,
                
                 the
                 Holy-land
                 ,
                 and
                 other
                 places
                 ;
                 sometime
                 about
                 their
                 wars
                 and
                 turbulent
                 affairs
                 ,
                 other
                 some
                 time
                 for
                 Royal
                 expence
                 about
                 meeting
                 ,
                 feasting
                 ,
                 and
                 entertaining
                 the
                 French
                 King
                 ,
                 the
                 Pope
                 ,
                 foreign
                 Princes
                 ,
                 and
                 such
                 other
                 occasions
                 ,
                 the
                 particular
                 whereof
                 were
                 too
                 long
                 to
                 recite
                 .
                 But
                 we
                 may
                 well
                 think
                 ,
                 that
                 England
                 must
                 needs
                 sweat
                 for
                 it
                 in
                 those
                 days
                 ,
                 to
                 feed
                 the
                 riotous
                 hands
                 of
                 three
                 several
                 Kings
                 ,
                 spending
                 so
                 much
                 of
                 their
                 time
                 on
                 the
                 other
                 side
                 the
                 Seas
                 ,
                 as
                 they
                 did
                 .
                 The
                 like
                 was
                 done
                 by
                 Richard
                 I.
                 about
                 his
                 ransome
                 
                 and
                 business
                 with
                 the
                 Emperor
                 and
                 Leopold
                 Duke
                 of
                 Austria
                 ,
                 about
                 his
                 wars
                 in
                 France
                 and
                 the
                 Holy-land
                 ,
                 where
                 it
                 is
                 said
                 ,
                 that
                 by
                 estimation
                 he
                 spent
                 more
                 in
                 one
                 month
                 ,
                 than
                 any
                 of
                 his
                 predecessors
                 ever
                 did
                 in
                 a
                 whole
                 year
                 .
              
               
                 By
                 Henry
                 III.
                 about
                 the
                 affected
                 Kingdom
                 of
                 Sicil
                 ,
                 and
                 his
                 wars
                 in
                 Gascoigne
                 ,
                 and
                 other
                 parts
                 of
                 France
                 ,
                 and
                 in
                 bounty
                 to
                 strangers
                 .
                 He
                 at
                 one
                 
                 time
                 sent
                 into
                 France
                 ,
                 at
                 the
                 direction
                 of
                 the
                 Poictovins
                 ,
                 30.
                 barrels
                 of
                 Starling
                 Coin
                 ,
                 for
                 payment
                 of
                 foreign
                 Souldiers
                 ;
                 and
                 at
                 another
                 time
                 ,
                 these
                 his
                 
                 wasteful
                 expences
                 being
                 cast
                 up
                 ,
                 the
                 summ
                 amounted
                 to
                 950000.
                 marks
                 ,
                 which
                 after
                 the
                 rate
                 of
                 our
                 allay
                 ,
                 encreaseth
                 to
                 —
              
               
                 By
                 Edw.
                 I.
                 about
                 his
                 Actions
                 of
                 
                   Guien
                   ,
                   Gascoigne
                   ,
                   France
                   ,
                   Flanders
                   ,
                
                 and
                 the
                 Conquest
                 of
                 Scotland
                 ,
                 and
                 the
                 striking
                 of
                 a
                 League
                 with
                 Adolph
                 the
                 Emperor
                 ,
                 Guy
                 Earl
                 of
                 Flanders
                 ,
                 John
                 Duke
                 of
                 Brabant
                 ,
                 Henry
                 Earl
                 of
                 Bar
                 ,
                 Albert
                 Duke
                 of
                 Austria
                 ,
                 and
                 others
                 ,
                 against
                 the
                 French
                 King
                 ,
                 and
                 Earl
                 Jo.
                 of
                 Henault
                 his
                 partaker
                 .
              
               
                 By
                 Edw.
                 III.
                 about
                 his
                 Victories
                 and
                 designs
                 in
                 France
                 and
                 elsewhere
                 ;
                 which
                 exhausted
                 so
                 much
                 treasure
                 ,
                 as
                 little
                 or
                 none
                 almost
                 remain'd
                 in
                 the
                 Land
                 ;
                 as
                 before
                 is
                 shewed
                 .
              
               
                 By
                 Henry
                 IV.
                 about
                 the
                 stirs
                 of
                 Britain
                 ,
                 and
                 in
                 supportation
                 of
                 the
                 confederate
                 faction
                 of
                 Orleance
                 .
              
               
                 By
                 Henry
                 V.
                 about
                 his
                 Royal
                 Conquest
                 of
                 France
                 .
              
               
                 By
                 Edw.
                 IV.
                 in
                 aiding
                 the
                 Duke
                 of
                 Burgundy
                 ,
                 and
                 in
                 revenging
                 himself
                 upon
                 the
                 King
                 of
                 France
                 .
              
               
                 By
                 Henry
                 VII
                 .
                 about
                 his
                 wars
                 in
                 France
                 ;
                 in
                 annoying
                 the
                 Flemings
                 ;
                 in
                 assisting
                 the
                 Duke
                 of
                 Savoy
                 ,
                 and
                 Maximilian
                 King
                 of
                 the
                 Romans
                 .
              
               
                 I
                 need
                 not
                 speak
                 of
                 Henry
                 VIII
                 .
                 whose
                 foreign
                 Expences
                 as
                 they
                 were
                 exceeding
                 great
                 ,
                 so
                 they
                 are
                 sufficiently
                 known
                 to
                 most
                 men
                 .
                 Neither
                 have
                 I
                 more
                 than
                 lightly
                 run
                 over
                 the
                 rest
                 ;
                 who
                 ,
                 besides
                 these
                 that
                 I
                 have
                 spoken
                 of
                 ,
                 had
                 many
                 other
                 foreign
                 charges
                 of
                 great
                 burden
                 and
                 much
                 importance
                 ,
                 and
                 yet
                 not
                 so
                 much
                 as
                 once
                 touch'd
                 by
                 me
                 ;
                 as
                 Marriage
                 of
                 their
                 Children
                 with
                 foreign
                 Princes
                 ,
                 Treaties
                 of
                 Peace
                 between
                 their
                 Neighbours
                 ,
                 Congratulations
                 ,
                 Embassages
                 ,
                 and
                 such
                 like
                 .
              
            
             
               
                 Viand
                 .
              
               
                 But
                 what
                 moves
                 you
                 to
                 let
                 slip
                 King
                 
                   John
                   ,
                   Edward
                
                 II.
                 Richard
                 II.
                 Henry
                 VI.
                 and
                 Richard
                 III.
                 
              
            
             
               
                 Selv.
                 
              
               
                 Not
                 for
                 that
                 they
                 were
                 free
                 from
                 foreign
                 Expences
                 ,
                 which
                 is
                 not
                 possible
                 ;
                 for
                 it
                 oppressed
                 them
                 all
                 :
                 but
                 for
                 that
                 most
                 of
                 them
                 omitted
                 such
                 necessary
                 charge
                 ,
                 as
                 in
                 policy
                 they
                 ought
                 to
                 have
                 undergone
                 ,
                 both
                 for
                 strengthening
                 themselves
                 with
                 Friends
                 ,
                 and
                 weakning
                 their
                 suspected
                 Enemies
                 ;
                 such
                 as
                 ,
                 when
                 occasion
                 serv'd
                 ,
                 were
                 like
                 to
                 do
                 them
                 damage
                 .
                 For
                 if
                 Edw.
                 III.
                 had
                 not
                 by
                 this
                 means
                 fortify'd
                 himself
                 with
                 the
                 alliance
                 and
                 friendship
                 of
                 the
                 noble
                 Knight
                 Sir
                 
                   John
                   of
                   Henault
                
                 ,
                 the
                 Dukes
                 of
                 Brabant
                 and
                 Gelderland
                 ,
                 the
                 Arch-bishop
                 of
                 Colein
                 ,
                 the
                 Marquess
                 Gul●ck
                 ,
                 Sir
                 
                   Arnold
                   de
                   Baquetien
                
                 ,
                 the
                 Lord
                 Walkenbargh
                 and
                 others
                 ;
                 and
                 also
                 greatly
                 impai●'d
                 the
                 power
                 of
                 the
                 French
                 King
                 ,
                 by
                 winning
                 the
                 Flemings
                 from
                 the
                 obedience
                 of
                 the
                 Earl
                 of
                 Flanders
                 (
                 his
                 assured
                 friend
                 )
                 ,
                 and
                 by
                 procuring
                 the
                 stay
                 of
                 much
                 of
                 the
                 aid
                 by
                 him
                 expected
                 out
                 of
                 the
                 
                   Empire
                   ,
                   Scotland
                
                 ,
                 and
                 other
                 places
                 ;
                 he
                 had
                 not
                 only
                 fail'd
                 in
                 his
                 French
                 attempts
                 ,
                 but
                 also
                 put
                 his
                 Kingdom
                 of
                 England
                 in
                 hazard
                 by
                 the
                 Scots
                 ,
                 who
                 were
                 sure
                 of
                 all
                 the
                 help
                 and
                 backing
                 ,
                 that
                 France
                 could
                 any
                 way
                 afford
                 them
                 .
                 So
                 ,
                 had
                 it
                 not
                 been
                 for
                 the
                 aid
                 and
                 friendship
                 of
                 the
                 French
                 King
                 ,
                 the
                 Earls
                 of
                 Bullogne
                 ,
                 St.
                 Paul
                 ,
                 the
                 Gascoines
                 ,
                 and
                 other
                 foreigners
                 ;
                 Henry
                 III.
                 had
                 been
                 bereav'd
                 of
                 his
                 Kingdom
                 by
                 his
                 own
                 Subjects
                 ;
                 which
                 ,
                 notwithstanding
                 he
                 held
                 with
                 great
                 difficulty
                 .
                 So
                 the
                 rest
                 likewise
                 .
                 But
                 on
                 the
                 contrary
                 part
                 ,
                 the
                 others
                 whom
                 you
                 nam'd
                 ,
                 neglecting
                 this
                 right
                 precious
                 (
                 tho'
                 costly
                 )
                 ground
                 work
                 ;
                 not
                 only
                 wanted
                 it
                 when
                 need
                 required
                 ;
                 but
                 with
                 the
                 ruine
                 of
                 their
                 People
                 ,
                 State
                 ,
                 and
                 Kingdom
                 ,
                 lost
                 their
                 Crown
                 and
                 dearest
                 lives
                 ,
                 by
                 the
                 infernal
                 hands
                 of
                 cursed
                 Murtherers
                 ;
                 their
                 rebellious
                 Subjects
                 getting
                 once
                 the
                 better
                 hand
                 .
              
            
             
               
                 Viand
                 .
              
               
                 But
                 Edw.
                 II.
                 used
                 means
                 also
                 to
                 have
                 procured
                 the
                 amity
                 and
                 assistance
                 of
                 divers
                 foreigners
                 ,
                 as
                 the
                 Duke
                 of
                 Britain
                 ,
                 the
                 Lord
                 Biskey
                 ,
                 the
                 Lady
                 Biskey
                 (
                 Governess
                 of
                 the
                 King
                 of
                 Castile
                 and
                 
                   Leon
                   )
                   James
                
                 King
                 of
                 Arragon
                 ,
                 and
                 others
                 .
                 And
                 Rich.
                 II.
                 sought
                 the
                 like
                 of
                 the
                 hands
                 of
                 the
                 French
                 King
                 ;
                 and
                 so
                 the
                 rest
                 likewise
                 of
                 others
                 .
              
            
             
               
                 Selv.
                 
              
               
                 True
                 :
                 not
                 examining
                 the
                 dependencies
                 of
                 time
                 present
                 ,
                 they
                 imagined
                 in
                 their
                 prosperity
                 that
                 things
                 to
                 come
                 would
                 ever
                 have
                 good
                 success
                 ;
                 and
                 
                 therefore
                 deferr'd
                 still
                 the
                 doing
                 of
                 it
                 ,
                 till
                 extream
                 necessity
                 compell'd
                 them
                 to
                 it
                 :
                 and
                 then
                 their
                 Estates
                 being
                 utterly
                 desperate
                 and
                 ruinated
                 ,
                 no
                 man
                 willingly
                 would
                 lend
                 them
                 aid
                 or
                 ear
                 .
                 Knowing
                 ,
                 that
                 when
                 the
                 fury
                 of
                 the
                 disease
                 hath
                 once
                 possessed
                 the
                 vital
                 places
                 ,
                 it
                 is
                 then
                 too
                 late
                 to
                 apply
                 Physick
                 .
                 This
                 reason
                 made
                 the
                 Princes
                 you
                 speak
                 of
                 ,
                 to
                 refuse
                 King
                 Edward
                 II.
                 And
                 as
                 for
                 Richard
                 II.
                 when
                 the
                 French
                 King
                 saw
                 how
                 he
                 was
                 entangled
                 and
                 overladen
                 with
                 dangerous
                 Rebellions
                 and
                 Divisions
                 of
                 his
                 Nobles
                 and
                 Commons
                 at
                 home
                 ;
                 war
                 in
                 
                   Scotland
                   ,
                   Flanders
                   ,
                   Spain
                   ,
                   Portugal
                   ,
                   Ireland
                
                 ;
                 sending
                 forces
                 against
                 the
                 Infidels
                 ;
                 releiving
                 the
                 expell'd
                 King
                 of
                 Armenia
                 ;
                 and
                 many
                 other
                 such
                 turbulent
                 affairs
                 :
                 he
                 then
                 thought
                 (
                 and
                 truly
                 )
                 that
                 there
                 was
                 more
                 to
                 be
                 gotten
                 by
                 being
                 his
                 Enemy
                 than
                 his
                 Friend
                 ;
                 and
                 taking
                 advantage
                 of
                 that
                 opportunity
                 ,
                 defied
                 him
                 also
                 ,
                 and
                 warr'd
                 upon
                 him
                 .
                 So
                 that
                 King
                 Richard
                 ,
                 wholly
                 void
                 of
                 aid
                 and
                 hope
                 ,
                 fell
                 into
                 the
                 hands
                 of
                 his
                 proud
                 Barons
                 ,
                 and
                 lost
                 both
                 Crown
                 and
                 Life
                 .
                 In
                 like
                 miserable
                 sort
                 stood
                 the
                 case
                 with
                 Henry
                 VI.
                 For
                 being
                 once
                 descended
                 to
                 the
                 lowest
                 exigent
                 ,
                 who
                 almost
                 durst
                 releive
                 him
                 or
                 any
                 of
                 the
                 rest
                 ;
                 
                   for
                   fear
                
                 (
                 as
                 our
                 Proverb
                 saith
                 )
                 
                   of
                   pulling
                   an
                   old
                   house
                   upon
                   his
                   own
                   head
                   !
                
                 Whereas
                 ,
                 if
                 in
                 their
                 flourishing
                 estate
                 ,
                 they
                 had
                 employ'd
                 their
                 treasure
                 to
                 encounter
                 future
                 perils
                 being
                 yet
                 afar
                 off
                 ,
                 they
                 had
                 (
                 no
                 doubt
                 )
                 securely
                 held
                 their
                 Crowns
                 ,
                 and
                 perhaps
                 without
                 much
                 business
                 illuded
                 all
                 the
                 practices
                 of
                 their
                 Enemies
                 drawing
                 nearer
                 .
                 Had
                 Richard
                 II.
                 at
                 the
                 time
                 when
                 being
                 in
                 France
                 ,
                 he
                 bestow'd
                 the
                 value
                 of
                 10000l.
                 in
                 gifts
                 upon
                 the
                 fickle
                 French
                 King
                 ,
                 stay'd
                 there
                 and
                 employ'd
                 the
                 other
                 300000.
                 and
                 odd
                 marks
                 (
                 by
                 him
                 also
                 wasted
                 at
                 that
                 bravery
                 )
                 in
                 gaining
                 the
                 amity
                 of
                 his
                 neighbour
                 Princes
                 ,
                 to
                 serve
                 his
                 turn
                 when
                 need
                 should
                 be
                 ;
                 it
                 is
                 not
                 unlikely
                 but
                 afterwards
                 it
                 might
                 have
                 sav'd
                 all
                 the
                 rest
                 .
                 For
                 it
                 is
                 a
                 good
                 rule
                 that
                 is
                 taught
                 us
                 in
                 the
                 art
                 of
                 Fencing
                 ,
                 to
                 break
                 the
                 blow
                 or
                 thrust
                 that
                 might
                 endanger
                 us
                 ,
                 as
                 far
                 from
                 our
                 Bodies
                 as
                 we
                 can
                 .
                 For
                 ,
                 as
                 I
                 said
                 before
                 ,
                 when
                 things
                 be
                 drawn
                 to
                 the
                 last
                 period
                 ,
                 the
                 time
                 of
                 help
                 is
                 past
                 ,
                 according
                 to
                 the
                 saying
                 of
                 Hecuba
                 to
                 her
                 betray'd
                 husband
                 ,
                 being
                 about
                 to
                 arm
                 himself
                 .
                 
                   
                     —
                     Quae
                     mens
                     tam
                     dira
                     ,
                     miserrime
                     conjux
                     ,
                  
                   
                     Impulit
                     his
                     cingi
                     telis
                     ?
                     aut
                     quo
                     ruis
                     ?
                     (
                     inquit
                     )
                  
                   
                     Non
                     tali
                     auxilio
                     ,
                     nec
                     defensoribus
                     istis
                  
                   
                     Tempus
                     eget
                     ;
                     non
                     si
                     ipse
                     meus
                     nunc
                     afforet
                     Hector
                     .
                  
                
              
               
                 Most
                 Royal
                 therefore
                 are
                 the
                 Providence
                 and
                 Expences
                 of
                 her
                 Excellent
                 Majesty
                 ;
                 who
                 (
                 as
                 it
                 were
                 with
                 Linceus
                 eyes
                 )
                 looking
                 into
                 the
                 lowest
                 secrets
                 of
                 the
                 practices
                 of
                 her
                 Enemies
                 ,
                 hath
                 not
                 only
                 for
                 these
                 36.
                 years
                 utterly
                 cancell'd
                 and
                 made
                 them
                 frustrate
                 ;
                 but
                 foreseeing
                 also
                 what
                 mighty
                 consequences
                 may
                 depend
                 on
                 mean
                 beginnings
                 ,
                 omitteth
                 no
                 diligence
                 to
                 defeat
                 them
                 whilst
                 they
                 are
                 yet
                 in
                 the
                 shell
                 ;
                 or
                 so
                 to
                 environ
                 the
                 mark
                 whereat
                 they
                 are
                 levell'd
                 ,
                 as
                 being
                 hatch'd
                 ,
                 they
                 shall
                 be
                 able
                 to
                 perform
                 nothing
                 .
                 Knowing
                 it
                 to
                 be
                 far
                 greater
                 wisdom
                 to
                 preserve
                 the
                 body
                 ,
                 (
                 whilst
                 it
                 is
                 sound
                 )
                 from
                 all
                 infirmities
                 ,
                 than
                 by
                 admitting
                 a
                 dangerous
                 disease
                 ,
                 to
                 gain
                 the
                 credit
                 of
                 an
                 excellent
                 cure
                 .
                 And
                 tho'
                 mony
                 be
                 the
                 Blood
                 wherein
                 the
                 Life
                 of
                 all
                 Common-wealths
                 ,
                 as
                 in
                 a
                 nest
                 ,
                 is
                 cherisht
                 ;
                 yet
                 nature
                 teacheth
                 that
                 to
                 preserve
                 health
                 and
                 cure
                 an
                 impostumate
                 disease
                 ,
                 we
                 ought
                 to
                 let
                 blood
                 out
                 ,
                 and
                 that
                 sometimes
                 in
                 great
                 abundance
                 .
                 And
                 ,
                 as
                 Themistocles
                 said
                 ,
                 
                   Pecunia
                   nervus
                   belli
                
                 ,
                 (
                 mony
                 is
                 also
                 the
                 sinews
                 of
                 war
                 ;
                 )
                 and
                 look
                 how
                 necessary
                 Peace
                 is
                 in
                 a
                 Common-wealth
                 ,
                 so
                 necessary
                 is
                 War
                 to
                 beget
                 Peace
                 ;
                 for
                 Peace
                 is
                 
                   Belli
                   filia
                
                 ,
                 (
                 the
                 daughter
                 of
                 war.
                 )
                 But
                 to
                 return
                 to
                 our
                 matter
                 :
                 lest
                 we
                 fare
                 like
                 the
                 unskilful
                 hounds
                 ,
                 that
                 undertake
                 a
                 fresh
                 hare
                 ,
                 when
                 they
                 have
                 hunted
                 the
                 first
                 till
                 she
                 be
                 almost
                 spent
                 .
              
               
                 It
                 appeareth
                 by
                 that
                 that
                 hath
                 been
                 said
                 ,
                 that
                 a
                 main
                 Port
                 by
                 which
                 our
                 treasure
                 hath
                 been
                 vented
                 from
                 us
                 heretofore
                 ,
                 is
                 now
                 shut
                 (
                 God
                 be
                 thank'd
                 )
                 and
                 that
                 instead
                 thereof
                 no
                 new
                 is
                 opened
                 .
                 So
                 that
                 thereby
                 our
                 store
                 must
                 
                 needs
                 remain
                 better
                 by
                 us
                 than
                 it
                 hath
                 ,
                 and
                 we
                 by
                 consequence
                 must
                 be
                 the
                 richer
                 .
                 It
                 is
                 also
                 to
                 be
                 added
                 ,
                 that
                 whereas
                 in
                 former
                 times
                 ,
                 much
                 of
                 the
                 treasure
                 that
                 came
                 into
                 the
                 land
                 was
                 buried
                 up
                 in
                 superstitious
                 employments
                 ,
                 as
                 about
                 
                   Images
                   ,
                   Shrines
                   ,
                   Tabernacles
                   ,
                   Copes
                   ,
                   Vestiments
                   ,
                   Altar-cloaths
                   ,
                   Crucifixes
                   ,
                   Candlesticks
                   ,
                
                 &c.
                 by
                 means
                 whereof
                 ,
                 the
                 Common-wealth
                 became
                 no
                 whit
                 richer
                 ,
                 than
                 if
                 that
                 part
                 so
                 employed
                 ,
                 had
                 never
                 come
                 within
                 the
                 Land
                 :
                 Now
                 we
                 do
                 not
                 only
                 retain
                 that
                 Idolatrous
                 charge
                 still
                 in
                 our
                 purses
                 ,
                 (
                 which
                 makes
                 us
                 much
                 the
                 wealthier
                 )
                 but
                 the
                 rest
                 also
                 (
                 which
                 for
                 many
                 hundred
                 years
                 together
                 was
                 so
                 employ'd
                 )
                 is
                 now
                 to
                 our
                 greater
                 enrichment
                 return'd
                 again
                 amongst
                 us
                 ,
                 by
                 dissolution
                 of
                 these
                 Popish
                 Ceremonies
                 .
              
            
             
               
                 Viand
                 .
              
               
                 You
                 may
                 also
                 reckon
                 the
                 mony
                 given
                 to
                 maintenance
                 of
                 
                   Priests
                   ,
                   Monkery
                   ,
                   Lights
                   ,
                   Obits
                   ,
                   Anniversaries
                   ,
                
                 and
                 all
                 the
                 plate
                 and
                 treasure
                 of
                 the
                 Clergy
                 at
                 that
                 time
                 ,
                 to
                 be
                 of
                 the
                 same
                 sort
                 .
              
            
             
               
                 Selv.
                 
              
               
                 
                 That
                 did
                 Edward
                 the
                 first
                 well
                 consider
                 :
                 and
                 therefore
                 to
                 the
                 end
                 that
                 he
                 might
                 dig
                 it
                 out
                 of
                 the
                 grave
                 ,
                 and
                 bring
                 it
                 abroad
                 again
                 among
                 the
                 people
                 that
                 had
                 need
                 thereof
                 ;
                 he
                 suffer'd
                 the
                 matter
                 to
                 be
                 so
                 handl'd
                 by
                 one
                 of
                 his
                 Treasurers
                 ,
                 that
                 certain
                 Captains
                 appointed
                 to
                 work
                 the
                 feat
                 ,
                 placing
                 their
                 Souldiers
                 in
                 every
                 quarter
                 through
                 the
                 Realm
                 ,
                 made
                 search
                 at
                 one
                 time
                 (
                 in
                 July
                 at
                 three
                 of
                 the
                 clock
                 in
                 the
                 afternoon
                 )
                 for
                 all
                 such
                 mony
                 ,
                 were
                 it
                 hid
                 or
                 laid
                 up
                 in
                 hallowed
                 places
                 ;
                 and
                 taking
                 the
                 same
                 away
                 ,
                 brought
                 it
                 unto
                 the
                 King
                 ;
                 who
                 dissembling
                 the
                 matter
                 (
                 as
                 he
                 that
                 stood
                 in
                 need
                 )
                 excused
                 the
                 act
                 done
                 by
                 his
                 Treasurer
                 ,
                 and
                 thought
                 it
                 no
                 offence
                 ,
                 but
                 rather
                 a
                 good
                 work
                 .
                 Besides
                 all
                 this
                 ,
                 there
                 is
                 yet
                 another
                 means
                 whereby
                 the
                 Treasure
                 of
                 our
                 Land
                 must
                 needs
                 be
                 much
                 encreased
                 :
                 and
                 that
                 is
                 by
                 divers
                 good
                 Laws
                 and
                 Statutes
                 ,
                 made
                 both
                 for
                 causing
                 it
                 to
                 be
                 brought
                 into
                 the
                 Realm
                 ,
                 and
                 also
                 for
                 containing
                 it
                 within
                 the
                 lists
                 of
                 the
                 same
                 ,
                 when
                 it
                 is
                 come
                 .
                 And
                 that
                 is
                 by
                 the
                 Stat.
                 14.
                 
                 Edw.
                 III.
                 whereby
                 it
                 was
                 enacted
                 ,
                 that
                 every
                 man
                 (
                 denizen
                 or
                 stranger
                 )
                 that
                 should
                 transport
                 any
                 wooll
                 out
                 of
                 the
                 Land
                 ,
                 should
                 find
                 sufficient
                 sureties
                 to
                 bring
                 again
                 unto
                 the
                 King's
                 Exchange
                 ,
                 for
                 every
                 sack
                 of
                 wooll
                 transported
                 ,
                 plates
                 of
                 Silver
                 to
                 the
                 value
                 of
                 two
                 marks
                 .
              
               
                 And
                 by
                 the
                 Statute
                 of
                 3.
                 
                 Henry
                 V.
                 (
                 confirm'd
                 and
                 quickned
                 by
                 32.
                 
                 Hen.
                 VI.
                 )
                 which
                 provided
                 ,
                 that
                 every
                 Merchant-stranger
                 ,
                 buying
                 wooll
                 in
                 England
                 ,
                 not
                 coming
                 to
                 the
                 Staple
                 to
                 be
                 sold
                 ,
                 shall
                 bring
                 to
                 the
                 Master
                 of
                 the
                 Mint
                 of
                 the
                 Tower
                 of
                 London
                 ,
                 of
                 every
                 sack
                 ,
                 one
                 ounce
                 of
                 Bullion
                 of
                 Gold
                 :
                 and
                 in
                 the
                 same
                 manner
                 ,
                 of
                 three
                 pieces
                 of
                 Tin
                 ,
                 one
                 ounce
                 of
                 Bullion
                 of
                 Gold
                 ,
                 or
                 the
                 value
                 in
                 Bullion
                 of
                 Silver
                 ,
                 upon
                 pain
                 of
                 forfeiture
                 of
                 the
                 same
                 Woolls
                 and
                 Tin
                 ,
                 or
                 the
                 value
                 thereof
                 ,
                 to
                 the
                 King.
                 
              
               
                 It
                 is
                 provided
                 also
                 for
                 containing
                 of
                 mony
                 within
                 the
                 Land
                 ,
                 that
                 all
                 Merchant-strangers
                 shall
                 employ
                 all
                 the
                 mony
                 receiv'd
                 by
                 them
                 within
                 this
                 Realm
                 ,
                 upon
                 the
                 Merchandise
                 and
                 Commodities
                 of
                 this
                 Realm
                 ,
                 (
                 deducting
                 their
                 reasonable
                 expences
                 ;
                 )
                 and
                 that
                 they
                 shall
                 give
                 sufficient
                 surety
                 for
                 doing
                 hereof
                 ,
                 and
                 the
                 trespasser
                 to
                 forfeit
                 and
                 be
                 punished
                 grievously
                 ,
                 as
                 in
                 the
                 Statutes
                 is
                 contain'd
                 ;
                 3.
                 
                 Hen.
                 VII
                 .
                 affirming
                 and
                 enlarging
                 ,
                 14.
                 
                 Edw.
                 IV.
                 and
                 many
                 other
                 of
                 like
                 effect
                 .
                 And
                 by
                 4.
                 
                 Hen.
                 VII
                 .
                 that
                 no
                 man
                 dwelling
                 in
                 England
                 ,
                 shall
                 pay
                 or
                 deliver
                 wittingly
                 to
                 any
                 Merchant
                 or
                 other
                 born
                 out
                 of
                 the
                 King's
                 obedience
                 ,
                 for
                 any
                 Merchandise
                 or
                 Wares
                 ,
                 or
                 in
                 any
                 other
                 wise
                 ,
                 any
                 Gold
                 coined
                 ,
                 Plate
                 ,
                 Vessels
                 ,
                 Bullion
                 ,
                 Jewels
                 of
                 Gold
                 or
                 Silver
                 ,
                 upon
                 pain
                 of
                 forfeiture
                 thereof
                 .
                 And
                 by
                 14.
                 
                 Edw.
                 IV.
                 (
                 affirm'd
                 by
                 4.
                 
                 Hen.
                 VII
                 .
                 and
                 for
                 a
                 time
                 continued
                 by
                 1.
                 and
                 3.
                 
                 Henry
                 VIII
                 .
                 with
                 a
                 mitigation
                 of
                 the
                 bloody
                 penalty
                 )
                 all
                 men
                 ,
                 except
                 such
                 as
                 had
                 the
                 King's
                 Licence
                 ,
                 or
                 were
                 dispensed
                 with
                 by
                 those
                 Statutes
                 ,
                 were
                 utterly
                 inhibited
                 from
                 carrying
                 out
                 of
                 the
                 Realm
                 any
                 manner
                 of
                 Coin
                 ,
                 plate
                 ,
                 vessel
                 ,
                 massy
                 Bullion
                 ,
                 jewels
                 of
                 Gold
                 or
                 Silver
                 .
                 Which
                 Law
                 ,
                 and
                 many
                 other
                 of
                 the
                 like
                 effect
                 ,
                 tho'
                 they
                 continue
                 not
                 now
                 in
                 force
                 ,
                 yet
                 the
                 fruit
                 thereof
                 remaineth
                 to
                 us
                 still
                 ,
                 as
                 Children
                 enrich'd
                 by
                 their
                 Fathers
                 sparings
                 .
              
               
               
                 Besides
                 ,
                 it
                 is
                 not
                 altogether
                 to
                 be
                 passed
                 in
                 silence
                 ,
                 that
                 our
                 treasure
                 is
                 somewhat
                 increased
                 by
                 the
                 Gold
                 and
                 Silver
                 try'd
                 out
                 of
                 our
                 own
                 Mines
                 here
                 in
                 England
                 .
                 Which
                 ,
                 tho'
                 it
                 be
                 little
                 or
                 nothing
                 ,
                 in
                 respect
                 that
                 in
                 this
                 latter
                 age
                 we
                 have
                 wimbl'd
                 even
                 into
                 the
                 bowels
                 of
                 
                 Plutus's
                 Treasury
                 (
                 the
                 Western
                 Indies
                 ,
                 )
                 yet
                 is
                 it
                 so
                 much
                 ,
                 as
                 our
                 Historiographers
                 ,
                 both
                 new
                 and
                 ancient
                 ,
                 have
                 thought
                 it
                 worth
                 the
                 noting
                 ;
                 and
                 all
                 our
                 Kings
                 from
                 time
                 to
                 time
                 have
                 made
                 especial
                 account
                 of
                 ;
                 as
                 well
                 appeareth
                 by
                 a
                 multitude
                 of
                 Leases
                 thereof
                 granted
                 by
                 them
                 to
                 many
                 noble
                 Personages
                 ,
                 extant
                 in
                 the
                 Checquer
                 Records
                 ;
                 and
                 also
                 by
                 the
                 process
                 and
                 argument
                 of
                 the
                 Earl
                 of
                 Northumberland's
                 Case
                 concerning
                 a
                 Copper-mine
                 ,
                 10.
                 
                 Eliz.
                 which
                 in
                 Plowden's
                 Commentaries
                 is
                 at
                 large
                 reported
                 .
                 But
                 be
                 it
                 little
                 or
                 great
                 ,
                 
                   Many
                   littles
                
                 (
                 as
                 our
                 Adage
                 saith
                 )
                 
                   make
                   a
                   great
                
                 ,
                 and
                 continual
                 accession
                 amasseth
                 at
                 length
                 to
                 a
                 mighty
                 thing
                 ;
                 as
                 is
                 well
                 seen
                 in
                 the
                 Hill
                 Testacchio
                 in
                 Rome
                 ,
                 which
                 standing
                 in
                 a
                 plain
                 ,
                 and
                 being
                 about
                 half
                 a
                 mile
                 in
                 compass
                 ,
                 and
                 exceeding
                 in
                 height
                 any
                 Tower
                 in
                 the
                 Town-wall
                 ,
                 is
                 said
                 to
                 have
                 been
                 made
                 of
                 the
                 shards
                 of
                 the
                 potts
                 wherein
                 the
                 tribute-mony
                 was
                 brought
                 to
                 Rome
                 ;
                 or
                 as
                 pleaseth
                 rather
                 the
                 more
                 Learned
                 sort
                 ,
                 of
                 broken
                 potts
                 thrown
                 out
                 of
                 the
                 VII
                 .
                 College
                 of
                 Potters
                 ,
                 built
                 by
                 
                   Numa
                   Pompilius
                
                 .
                 But
                 be
                 it
                 the
                 one
                 or
                 other
                 ,
                 the
                 semblance
                 serves
                 my
                 turn
                 ,
                 and
                 there
                 's
                 an
                 end
                 .
              
            
          
           
             
             
               THE
               PLACES
               or
               DWELLINGS
               OF
               THE
               ARCH-BISHOPS
               and
               BISHOPS
               of
               this
               Realm
               ,
               Now
               or
               of
               former
               times
               ;
               in
               which
               Houses
               their
               several
               Owners
               have
               Ordinary
               Jurisdiction
               ,
               and
               be
               as
               parcel
               of
               their
               Diocess
               ,
               as
               is
               recited
               in
               the
               Stat.
               of
               33.
               
               Hen.
               VIII
               .
               ca.
               31.
               altho'
               they
               be
               situate
               within
               the
               precinct
               of
               another
               Bishop's
               Diocess
               .
            
             
               
               1.
               
               THe
               Lords
               Arch-bishops
               of
               CANTERBURY
               of
               long
               time
               enjoyed
               and
               do
               enjoy
               Lambeth-house
               ;
               as
               appeareth
               in
               
                 Historia
                 Cantuariensium
                 Archiepiscoporum
              
               ,
               set
               forth
               (
               as
               is
               thought
               )
               by
               Dr.
               Ackworth
               in
               the
               Lord
               Arch-bishop
               Parker's
               time
               .
               The
               which
               house
               was
               never
               severed
               from
               the
               Lord
               Arch-bishop's
               See
               of
               Canterbury
               ,
               since
               the
               annexion
               thereof
               to
               that
               See.
               
            
             
               
               2.
               
               The
               house
               at
               Lambeth-marsh
               ,
               commonly
               call'd
               Carlisle-house
               ,
               was
               the
               Bishop
               of
               ROCHESTER'S
               Palace
               until
               about
               26.
               
               Hen.
               VIII
               .
               as
               appeareth
               in
               the
               foresaid
               
                 Historia
                 Cantuariensis
              
               ,
               and
               also
               in
               the
               Act
               of
               Parliament
               of
               22.
               
               Hen.
               VIII
               .
               ca.
               9.
               made
               against
               poysoning
               ;
               whereby
               it
               doth
               appear
               that
               the
               house
               of
               John
               Bishop
               of
               Rochester
               was
               at
               Lambeth-marsh
               .
               But
               afterwards
               ,
               about
               An.
               27.
               
               Hen.
               VIII
               .
               or
               after
               ,
               the
               same
               (
               being
               some
               ways
               the
               Kings
               )
               was
               convey'd
               to
               
                 Robert
                 Aldridge
              
               Bishop
               of
               CARLILE
               and
               his
               Successors
               ,
               in
               
               exchange
               for
               his
               houses
               near
               Ivie-bridge
               ,
               (
               now
               the
               Earl
               of
               Worcester
               and
               Salisbury's
               )
               and
               other
               houses
               there
               toward
               the
               Street
               ,
               and
               of
               a
               yearly
               Rent
               of
               16l.
               or
               thereabouts
               ,
               out
               of
               those
               houses
               given
               to
               the
               Bishop
               of
               Carlile
               and
               his
               Successors
               ,
               for
               those
               houses
               formerly
               call'd
               Carlile-place
               .
               But
               the
               said
               Bishop
               Aldridge
               leas'd
               the
               house
               of
               Lambeth-marsh
               for
               some
               small
               and
               not
               valuable
               Rent
               ,
               for
               divers
               years
               yet
               enduring
               .
            
             
               
               3.
               
               The
               Bishop
               of
               ROCHESTER
               had
               given
               for
               his
               Palace
               to
               dwell
               in
               ,
               certain
               houses
               lately
               call'd
               Rochester-house
               near
               adjoining
               to
               Winchester-place
               ,
               and
               sometime
               (
               as
               it
               is
               reported
               )
               parcel
               of
               the
               possessions
               of
               the
               Priory
               of
               St.
               Swithins
               in
               Winchester
               ;
               but
               that
               place
               is
               lately
               divided
               into
               several
               little
               dwellings
               .
            
             
               
               4
               WINCHESTER
               -
               Place
               ,
               with
               the
               liberty
               of
               the
               Prison
               of
               the
               Clynke
               and
               Bancke
               ,
               belonged
               and
               doth
               belong
               to
               the
               Bishop
               of
               Winchester
               ;
               and
               the
               house
               was
               in
               Edw.
               the
               Sixth's
               time
               ,
               conveyed
               to
               the
               Marquess
               of
               Northampton
               ,
               who
               builded
               the
               gallery
               there
               :
               but
               in
               Queen
               Mary's
               time
               ,
               the
               same
               was
               restored
               to
               that
               See
               ,
               where
               it
               so
               continueth
               .
            
             
               
               5.
               
               The
               Lord
               Arch-bishop
               of
               YORK'S
               house
               was
               the
               White-hall
               ,
               much
               enlarg'd
               and
               reedify'd
               by
               the
               Cardinal
               Wolsey
               then
               Arch-bishop
               of
               York
               ;
               as
               by
               the
               Arms
               remaining
               in
               wood
               ,
               stone
               ,
               and
               glass
               ,
               in
               sundry
               places
               of
               that
               house
               ,
               may
               appear
               .
               And
               after
               the
               said
               Cardinals
               conviction
               of
               Premunire
               ,
               and
               Death
               ,
               the
               same
               was
               made
               parcel
               of
               the
               King's
               Palace
               at
               Westminster
               ,
               by
               purchase
               from
               the
               Arch-bishop
               of
               York
               ,
               as
               appeareth
               by
               the
               Stat.
               of
               28.
               
               Hen.
               VIII
               .
               ca.
               12.
               
               But
               afterwards
               ,
               until
               anno
               2.
               or
               3.
               of
               Queen
               Mary
               ,
               the
               
               Arch-bishop
               of
               York
               had
               no
               other
               dwelling-place
               near
               London
               ,
               in
               right
               of
               his
               See
               or
               by
               reason
               of
               his
               Arch-bishoprick
               ,
               but
               the
               house
               at
               Battersey
               ;
               and
               then
               Queen
               Mary
               gave
               to
               Arch-bishop
               Heath
               and
               his
               Successors
               ,
               the
               late
               Duke
               of
               Suffolk's
               house
               ,
               called
               Suffolk-place
               in
               Southwark
               ,
               which
               the
               Arch-bishop
               of
               York
               (
               by
               confirmation
               of
               the
               Dean
               and
               Chapter
               there
               )
               shortly
               after
               sold
               away
               to
               others
               ,
               and
               purchased
               to
               his
               See
               York-place
               ,
               where
               the
               Lord
               Chancellor
               remaineth
               ,
               together
               with
               the
               houses
               adjoining
               to
               the
               Street
               .
               Which
               house
               was
               sometime
               the
               Bishop
               of
               Norwich's
               Place
               ;
               and
               the
               same
               ,
               
               among
               all
               or
               the
               greatest
               part
               of
               the
               possessions
               of
               the
               See
               of
               Norwich
               ,
               about
               an
               .
               27.
               
               Hen.
               VIII
               .
               were
               convey'd
               to
               the
               King
               by
               a
               private
               Act
               of
               Parliament
               ,
               in
               recompence
               of
               the
               union
               of
               the
               Monastery
               of
               St.
               Bennets
               ,
               and
               the
               possessions
               thereof
               to
               that
               Bishoprick
               ;
               being
               of
               far
               better
               value
               than
               the
               ancient
               Lands
               of
               the
               Bishoprick
               of
               Norwich
               assur'd
               to
               the
               King
               ,
               as
               is
               recited
               in
               the
               Statute
               of
               32.
               
               Hen.
               VIII
               .
               ca.
               47.
               whereby
               the
               Bishop
               of
               Norwich
               is
               made
               Collector
               of
               the
               Tenths
               of
               his
               Diocess
               ,
               as
               other
               Bishops
               were
               ;
               being
               formerly
               free'd
               thereof
               by
               the
               said
               private
               Statute
               of
               27.
               
               Hen.
               VIII
               .
               Which
               said
               now
               York-place
               ,
               by
               Hen.
               VIII
               .
               was
               convey'd
               in
               fee
               to
               
                 Charles
                 Brandon
              
               Duke
               of
               Suffolk
               ;
               and
               after
               the
               death
               of
               the
               said
               Duke's
               sons
               ,
               the
               coheirs
               of
               the
               Duke's
               sons
               sold
               the
               same
               to
               the
               said
               Arch-bishop
               Heath
               and
               his
               Successors
               .
            
             
               
               6.
               
               But
               the
               Bishop
               of
               NORWICH
               was
               limited
               by
               the
               said
               private
               Act
               of
               27.
               
               Henry
               VIII
               .
               to
               enjoy
               perpetually
               in
               succession
               ,
               a
               Prebend
               in
               the
               Free-Chappel
               of
               St.
               Stephens
               at
               Westminster
               ,
               after
               dissolv'd
               by
               the
               Statute
               of
               Dissolution
               of
               Colledges
               and
               Free-Chappels
               1.
               
               Ed.
               VI.
               and
               the
               house
               thereto
               belonging
               in
               Chanon-row
               ,
               whereof
               then
               was
               incumbent
               one
               Knight
               ;
               but
               the
               house
               is
               said
               to
               be
               Leas'd
               for
               some
               small
               Rent
               by
               the
               Bishop
               of
               Norwich
               to
               Sir
               
                 John
                 Thinn
              
               Knight
               in
               Edw.
               the
               Sixth's
               time
               ,
               for
               many
               years
               enduring
               .
               And
               that
               the
               house
               now
               call'd
               York-place
               ,
               was
               belonging
               to
               the
               Bishop
               of
               Norwich
               ,
               is
               proved
               by
               a
               Case
               21.
               
               Edw.
               IV.
               fol.
               73.
               in
               a
               Presentment
               against
               the
               Bishop
               of
               Norwich
               in
               the
               King's
               Bench
               ,
               for
               annoyance
               of
               a
               way
               
                 inter
                 hospitium
                 Episcopi
                 Norwicensis
                 &
                 Dunelmensis
                 ,
                 in
                 parochia
                 Sancti
                 Martini
                 in
                 Campis
                 .
              
            
             
               
               7.
               
               DURHAM-HOUSE
               (
               as
               appeareth
               in
               that
               Case
               )
               was
               the
               Bishop
               of
               Durham's
               house
               ;
               and
               Bishop
               Tonstal
               about
               the
               26
               th
               .
               of
               Hen.
               VIII
               .
               convey'd
               the
               same
               to
               the
               King
               in
               Fee
               :
               and
               King
               Henry
               VIII
               .
               in
               recompence
               thereof
               ,
               granted
               to
               the
               See
               of
               Durham
               Coldharborrowe
               ,
               and
               certain
               other
               houses
               in
               London
               .
               And
               after
               ,
               Edw.
               VI.
               about
               an
               .
               2.
               granted
               Durham-house
               to
               the
               Lady
               Elizabeth
               his
               Sister
               for
               life
               ,
               or
               until
               she
               be
               otherwise
               advanced
               .
               After
               ,
               the
               Bishoprick
               of
               Durham
               ,
               by
               a
               private
               Statute
               not
               printed
               ,
               of
               7.
               
               Edw.
               VI.
               was
               dissolved
               ,
               and
               all
               the
               possessions
               thereof
               given
               to
               King
               Edw.
               VI.
               who
               shortly
               after
               convey'd
               in
               Fee
               the
               said
               Bishop's
               late
               house
               at
               Coldharborrowe
               ,
               and
               other
               houses
               in
               London
               ,
               to
               Francis
               Earl
               of
               Shrewsbury
               and
               his
               heirs
               .
               And
               after
               ,
               the
               2d.
               Mariae
               ca.
               3.
               
               The
               Stat.
               of
               7.
               
               Edw.
               VI.
               for
               dissolving
               that
               Bishoprick
               is
               repeal'd
               ;
               but
               the
               Mansion-house
               of
               Coldharborrowe
               and
               other
               Tenements
               in
               London
               ,
               so
               granted
               to
               the
               said
               Earl
               ,
               be
               confirm'd
               .
               And
               the
               Bishop
               ,
               by
               that
               Act
               ,
               prayeth
               a
               recompence
               from
               the
               Queen
               at
               his
               charge
               .
               Whereupon
               ,
               Queen
               Mary
               ,
               about
               anno
               V.
               or
               VI.
               of
               her
               reign
               ,
               granteth
               to
               the
               said
               Bishop
               of
               Durham
               ,
               her
               reversion
               of
               Durham-place
               in
               succession
               ;
               which
               coming
               into
               possession
               by
               the
               death
               of
               Queen
               Elizabeth
               ,
               the
               late
               Bishop
               of
               Durham
               (
               now
               Lord
               Arch-bishop
               of
               York
               )
               enter'd
               into
               and
               enjoy'd
               the
               same
               in
               the
               right
               of
               his
               See
               ,
               
                 by
                 opinion
                 of
                 the
                 chief
                 Justices
                 of
                 the
                 Land
                 ,
                 referr'd
                 by
                 the
                 King
                 ,
                 being
                 opposed
                 by
                 Sir
                 Walter
                 Rawleigh
              
               ;
               as
               likewise
               doth
               the
               now
               Bishop
               of
               Durham
               .
            
             
               
               8.
               
               The
               Bishop
               of
               LICHFEILD
               and
               COVENTRY
               (
               of
               old
               call'd
               the
               Bishop
               of
               Chester
               ,
               before
               the
               new
               erection
               of
               the
               new
               Bishoprick
               of
               Chester
               )
               had
               his
               Place
               where
               Somerset-house
               is
               builded
               .
            
             
             
               
               9.
               10.
               
               As
               likewise
               the
               Bishops
               of
               WORCESTER
               and
               LANDAFF
               ,
               had
               there
               sometime
               a
               house
               ;
               as
               Stow
               in
               his
               Book
               of
               
                 Survey
                 of
                 London
              
               saith
               .
               But
               the
               said
               three
               Bishops
               Places
               ,
               together
               with
               a
               Parish
               Church
               call'd
               Straunde-Church
               ,
               and
               the
               greatest
               Inn
               of
               Chancery
               call'd
               Straunde-Inn
               ,
               belonging
               to
               the
               Middle
               Temple
               ,
               were
               defaced
               without
               recompence
               to
               any
               of
               the
               said
               three
               last
               mentioned
               Bishops
               ,
               Parish
               Church
               ,
               or
               Inn
               of
               Chancery
               :
               Other
               than
               to
               the
               Bishop
               of
               WORCESTER
               ;
               who
               had
               in
               respect
               of
               his
               former
               house
               ,
               a
               house
               in
               the
               
                 White
                 Fryers
              
               ,
               which
               he
               enjoyeth
               .
            
             
               
               11.
               
               Arondell-house
               (
               now
               the
               Lord
               Admiral
               's
               )
               was
               the
               Bishop
               of
               BATH
               and
               WELLS'S
               ;
               and
               was
               assured
               ,
               in
               Edw.
               VI.
               time
               ,
               to
               Admiral
               Seymer
               ;
               and
               is
               now
               quite
               sever'd
               from
               that
               Bishoprick
               without
               recompence
               .
            
             
               
               12.
               
               Likewise
               ,
               the
               Bishop
               of
               EXETER'S
               Place
               ,
               after
               call'd
               
                 Paget
                 ,
                 Leicester
              
               and
               
               Essex-house
               ,
               of
               the
               several
               Owners
               of
               the
               same
               .
               And
               it
               is
               thought
               the
               Bishop
               of
               Exeter
               hath
               likewise
               no
               recompence
               for
               the
               same
               ,
               of
               any
               other
               house
               in
               or
               near
               London
               .
            
             
               
               13.
               
               The
               Bishop
               of
               SARUM'S
               Place
               ,
               (
               now
               call'd
               Dorset-house
               ,
               before
               call'd
               Sackvile-house
               ,
               and
               of
               former
               time
               
                 Salisbury
                 Court
              
               ,
               being
               in
               long
               Lease
               made
               by
               Bishop
               Capon
               ,
               who
               was
               Bishop
               there
               in
               Hen.
               VIII
               .
               Edw.
               VI.
               and
               Queen
               Mary's
               time
               )
               was
               exchang'd
               
                 temp
                 .
                 Reginae
                 Elizabethae
              
               ,
               by
               the
               great
               Learned
               Reverend
               Father
               Bishop
               Jewel
               ,
               for
               recompence
               of
               good
               value
               in
               Lands
               in
               his
               Diocess
               ,
               or
               elsewhere
               in
               the
               West
               Country
               .
            
             
               
               14.
               
               The
               Bishop
               of
               St.
               DAVID'S
               Place
               ,
               was
               near
               adjoyning
               to
               Bridewell
               ,
               upon
               the
               ditch
               that
               runneth
               to
               Fleet-bridge
               into
               the
               Thames
               ;
               and
               was
               granted
               in
               Fee-farm
               for
               a
               Mark
               Rent
               
                 (
                 temp
                 .
                 Edw.
              
               VI.
               )
               to
               Dr.
               Hewick
               the
               Physician
               ;
               under
               which
               purchase
               the
               same
               is
               now
               enjoy'd
               .
            
             
               
               15.
               
               The
               Bishop
               of
               HEREFORD'S
               Place
               (
               as
               Stow
               in
               his
               
                 Survey
                 of
                 London
                 ,
                 pag.
              
               357.
               saith
               )
               is
               in
               the
               Parish
               of
               St.
               
                 Mary
                 de
                 Monte
                 alto
              
               or
               Mount-halt
               in
               London
               ;
               of
               which
               Bishops
               Patronage
               the
               said
               Church
               also
               is
               ;
               which
               Place
               is
               in
               the
               tenure
               of
               the
               Bishop
               of
               Hereford
               or
               his
               Tenants
               .
            
             
               
               16.
               17.
               
               The
               Bishop
               of
               LONDON'S
               Place
               at
               Pauls
               ,
               was
               never
               sever'd
               from
               the
               Bishop's
               possession
               .
               And
               likewise
               ELY
               Place
               ,
               from
               the
               Bishop
               of
               that
               See
               ;
               other
               than
               such
               part
               thereof
               ,
               as
               the
               late
               Lord
               Chancellor
               Hatton
               had
               by
               Lease
               for
               many
               years
               ,
               from
               the
               late
               Bishop
               Cox.
               
            
             
               
               18.
               
               The
               Bishop
               of
               BANGOR'S
               house
               is
               ,
               or
               lately
               was
               ,
               Mr.
               Aleworth's
               house
               in
               Shoe-lane
               ,
               by
               a
               Lease
               from
               the
               Bishop
               of
               that
               See
               ,
               
                 temp
                 .
                 Edw.
              
               VI.
               yeilding
               some
               Rose
               ,
               or
               other
               small
               or
               not
               valuable
               Rent
               .
            
             
               
               19.
               
               The
               Bishop
               of
               LINCOLN'S
               Place
               ,
               was
               Southampton-house
               in
               Holborn
               ,
               convey'd
               
                 temp
                 .
                 Edw.
              
               VI.
               to
               the
               Lord
               Writoheseley
               (
               then
               Lord
               Chancellor
               )
               in
               fee
               ,
               for
               which
               the
               Bishop
               hath
               no
               other
               house
               in
               or
               near
               London
               ,
               as
               is
               thought
               .
            
             
               
               20.
               
               The
               Bishop
               of
               CHICHESTERS
               Place
               (
               or
               Palace
               ,
               as
               
                 Matthew
                 Paris
              
               in
               his
               Chronicle
               calleth
               it
               ,
               reciting
               the
               story
               of
               the
               Lord
               Arch-bishop
               of
               Canterbury
               visiting
               St.
               Bartholomews
               )
               did
               at
               that
               time
               lye
               in
               that
               house
               which
               was
               in
               Chancery-lane
               ;
               where
               Sir
               
                 Richard
                 Read
              
               sometime
               a
               Master
               of
               the
               Chancery
               ,
               and
               Mr.
               Atkinson
               the
               Counsellor
               at
               Law
               and
               others
               ,
               dwelt
               and
               dwell
               in
               ;
               and
               is
               said
               to
               be
               in
               Lease
               from
               the
               Bishop's
               Predecessors
               for
               divers
               years
               .
               What
               the
               Rents
               reserv'd
               yearly
               be
               ,
               the
               Lease
               will
               shew
               the
               same
               .
            
             
               
               21.
               
               The
               Bishop
               of
               St.
               ASAPH
               never
               had
               Place
               at
               or
               near
               London
               ,
               that
               I
               can
               learn
               of
               ;
               neither
               in
               the
               valuation
               of
               the
               See
               (
               where
               all
               his
               Possession
               ;
               and
               Jurisdictions
               be
               valu'd
               in
               the
               First-fruit-office
               )
               is
               there
               mention
               of
               any
               such
               Place
               ;
               neither
               doth
               the
               now
               Bishop
               of
               that
               See
               know
               the
               same
               .
            
             
               
               22.
               
               The
               Bishop
               of
               the
               ISLE
               OF
               MAN
               (
               call'd
               
                 Sodorensis
                 Episcopus
              
               )
               altho'
               the
               same
               be
               an
               ancient
               Bishoprick
               ,
               yet
               was
               he
               never
               Lord
               of
               the
               Parliament
               of
               England
               ;
               having
               no
               Chapter
               or
               other
               Clergy
               ,
               but
               only
               an
               Archdeacon
               and
               all
               the
               Incumbents
               of
               the
               several
               Parishes
               of
               that
               Isle
               :
               And
               before
               the
               said
               Statute
               of
               33.
               
               Hen.
               VIII
               .
               was
               neither
               a
               Suffragan
               of
               the
               Province
               of
            
             
          
        
         
           
             
             
               
                 Were
                 wont
                 in
                 former
                 times
                 to
                 ride
                 on
                 Mares
                 or
                 Mules
                 .
                 119.
                 
              
               
                 Prohibited
                 to
                 take
                 cognizance
                 of
                 Wills.
                 129.
                 
              
               
                 Blackney
                 Harbour
                 .
                 151.
                 
              
               
                 Blicking
                 .
                 151.
                 
                 
                   
                     The
                     birth
                     place
                     of
                     Q.
                     
                       Anna
                       Bullen
                       .
                       ibid.
                    
                     
                  
                
              
               
                 Bocland
                 ,
                 what
                 .
                 12.
                 
                 
                   
                     Not
                     subject
                     to
                     Homage
                     .
                     35.
                     
                  
                
              
               
                 Bond-men
                 ,
                 anciently
                 not
                 valu'd
                 or
                 rated
                 .
                 15.
                 
                 
                   
                     Reputed
                     only
                     as
                     part
                     of
                     their
                     Master's
                     substance
                     .
                     11
                     ▪
                     15.
                     
                  
                
              
               
                 Boors
                 ,
                 who
                 .
                 14.
                 
              
               
                 Bouthorpe
                 .
                 157.
                 
              
               
                 Bramsil
                 .
                 108
                 ,
                 109.
                 
              
               
                 Brancaster
                 .
                 147
                 ,
                 148.
                 
              
               
                 Breakspear
                 (
                 Nich.
                 )
                 converted
                 Norway
                 .
                 139.
                 
                 
                   
                     Made
                     Cardinal
                     and
                     Pope
                     .
                     ibid.
                     
                  
                
              
               
                 Breclys
                 .
                 161.
                 
              
               
                 Brennus
                 a
                 Britain
                 invades
                 Greece
                 .
                 3.
                 
                 
                   
                     His
                     attendants
                     .
                     ibid.
                     
                  
                
              
               
                 Brictrick
                 a
                 Saxon
                 Thane
                 .
                 22.
                 
              
               
                 Britains
                 ,
                 none
                 of
                 'em
                 remaining
                 after
                 Cadwallador's
                 departure
                 .
                 100.
                 
                 
                   
                     Their
                     Laws
                     alter'd
                     by
                     the
                     Romans
                     .
                     101.
                     
                  
                
              
               
                 Bronholm
                 .
                 152.
                 
              
               
                 Brotherton
                 (
                 Tho.
                 )
                 Earl
                 of
                 Norfolk
                 and
                 Earl
                 Marshal
                 of
                 England
                 .
                 167.
                 
                 
                   
                     When
                     he
                     dy'd
                     .
                     168.
                     
                  
                
              
               
                 Buckenham
                 .
                 158.
                 
              
               
                 Burg-Castle
                 .
                 155.
                 
              
               
                 Burghesses
                 ,
                 of
                 old
                 ,
                 not
                 call'd
                 to
                 consult
                 of
                 State-matters
                 .
                 64
                 ,
                 65.
                 
              
               
                 Burghbote
                 and
                 Brugbote
                 .
                 17
                 ,
                 22
                 ,
                 40.
                 
              
               
                 Burnham
                 in
                 Norfolk
                 .
                 149.
                 
              
               
                 
                 Burnham-East
                 in
                 Com.
                 Bucks
                 .
                 23.
                 
              
               
                 By
                 ,
                 what
                 it
                 signifies
                 .
                 3.
                 154.
                 
              
               
                 By-laws
                 .
                 3
                 ,
                 154.
                 
              
            
             
               
                 C
              
               
                 Cadwallader
                 Prince
                 of
                 the
                 Britains
                 ,
                 fled
                 into
                 Armorica
                 .
                 100.
                 
              
               
                 Calthorp
                 .
                 151.
                 
              
               
                 King
                 Canutus
                 ,
                 how
                 he
                 publish'd
                 his
                 Laws
                 .
                 61.
                 
                 
                   
                     His
                     Constitution
                     touching
                     Festivals
                     .
                     79.
                     
                  
                
              
               
                 Capet
                 (
                 Hugh
                 )
                 usurpt
                 the
                 Kingdom
                 of
                 France
                 .
                 5
                 
                   
                     He
                     grants
                     his
                     Nobility
                     a
                     perpetual
                     enjoyment
                     of
                     their
                     Feuds
                     and
                     Honours
                     .
                     ibid.
                     &
                     14.
                     
                  
                
              
               
                 Capitales
                 plagii
                 .
                 52.
                 
              
               
                 Capitanei
                 Regis
                 &
                 regni
                 .
                 58.
                 
              
               
                 Caput
                 feodi
                 ,
                 aut
                 Capitaneus
                 feodi
                 .
                 11.
                 
              
               
                 Carbrook
                 .
                 161.
                 
              
               
                 
                   Carolus
                   Calvus
                
                 Emperour
                 and
                 King
                 of
                 France
                 ,
                 his
                 Synodical
                 Edict
                 .
                 54
                 ,
                 55.
                 
              
               
                 
                   Carolus
                   Magnus
                
                 or
                 Charlemaigne
                 ,
                 divided
                 his
                 Territories
                 between
                 his
                 three
                 Sons
                 .
                 128.
                 
              
               
                 Castle-acre
                 .
                 141.
                 
              
               
                 Castle-rising
                 in
                 Norfolk
                 ,
                 the
                 Parson
                 has
                 the
                 Probate
                 of
                 Wills
                 in
                 that
                 Town
                 .
                 130.
                 
              
               
                 Caston
                 .
                 151.
                 
              
               
                 Castor
                 .
                 155
                 ,
                 156.
                 
              
               
                 Ceorls
                 ,
                 who
                 .
                 12.
                 
                 
                   
                     Of
                     two
                     sorts
                     .
                     14.
                     
                  
                   
                     The
                     chiefest
                     part
                     of
                     their
                     profits
                     redounded
                     to
                     their
                     Lords
                     .
                     ibid.
                     
                  
                   
                     Their
                     service
                     no
                     bondage
                     .
                     ibid.
                     
                  
                   
                     Their
                     valuation
                     and
                     priviledges
                     .
                     ibid.
                     
                  
                   
                     Not
                     capable
                     of
                     a
                     Knights
                     Fee.
                     ibid.
                     
                  
                
              
               
                 Champain
                 in
                 France
                 .
                 128.
                 
              
               
                 Chancery-Court
                 .
                 94.
                 
              
               
                 Charta
                 de
                 Foresta
                 .
                 109
                 ,
                 114.
                 
              
               
                 Charter
                 ,
                 the
                 first
                 by
                 whom
                 made
                 and
                 where
                 kept
                 .
                 8.
                 
                 
                   
                     Saxon
                     Charters
                     usually
                     writ
                     in
                     that
                     Language
                     .
                     ibid.
                     
                  
                
              
               
                 Charters
                 of
                 Thane-lands
                 granted
                 by
                 several
                 Kings
                 .
                 19
                 ,
                 20.
                 
              
               
                 Chichley
                 (
                 Henr.
                 )
                 Arch-bishop
                 of
                 Canterbury
                 canoniz'd
                 St.
                 George's
                 day
                 .
                 93.
                 
                 
                   
                     The
                     occasion
                     of
                     that
                     Constitution
                     ibid.
                     
                  
                
              
               
                 Chindavintus
                 King
                 of
                 the
                 western
                 Goths
                 ,
                 his
                 Law
                 concerning
                 Wills.
                 130.
                 
              
               
                 Cingulum
                 ,
                 quo
                 sensu
                 accipiendum
                 .
                 185.
                 
              
               
                 Cinque-Ports
                 ,
                 priviledges
                 granted
                 to
                 them
                 by
                 King
                 Edward
                 the
                 Confessour
                 ,
                 &c.
                 
                 26.
                 
              
               
                 
                 Clacklose-Hundred
                 .
                 139.
                 
              
               
                 Clergy-men
                 forbidden
                 to
                 use
                 hunting
                 ,
                 109
                 ,
                 112
                 ,
                 113.
                 &
                 seq
                 .
                 
                   
                     When
                     they
                     took
                     upon
                     them
                     to
                     prove
                     Wills.
                     129.
                     
                  
                   
                     Prohibited
                     by
                     Justinian
                     to
                     meddle
                     with
                     those
                     matters
                     .
                     ibid.
                     
                  
                
              
               
                 Cley
                 ▪
                 harbour
                 .
                 151.
                 
              
               
                 De
                 Clifford
                 (
                 Rob.
                 )
                 Marshal
                 of
                 England
                 .
                 167.
                 
              
               
                 K.
                 Canute's
                 Charter
                 of
                 donation
                 to
                 the
                 Thane
                 Orc.
                 20.
                 
              
               
                 Coin
                 of
                 England
                 ,
                 in
                 Q.
                 Elisabeth's
                 time
                 .
                 203
                 ,
                 &c.
                 
              
               
                 Colloquia
                 .
                 65.
                 
              
               
                 Comites
                 ,
                 who
                 ,
                 and
                 why
                 so
                 call'd
                 .
                 3.
                 
              
               
                 Commendati
                 .
                 35.
                 
              
               
                 Congham
                 .
                 145.
                 
              
               
                 
                   Conradus
                   Salicus
                
                 made
                 a
                 Constitution
                 touching
                 Feuds
                 .
                 4
                 ,
                 5.
                 
              
               
                 Consecration
                 ,
                 a
                 strange
                 one
                 of
                 Eadmer
                 a
                 Monk
                 of
                 Canterbury
                 .
                 119.
                 
              
               
                 Consilium
                 regni
                 .
                 60.
                 
              
               
                 Controversies
                 ,
                 among
                 the
                 ancient
                 Britains
                 ,
                 by
                 whom
                 judg'd
                 .
                 74.
                 
              
               
                 Conveyance
                 of
                 lands
                 ,
                 how
                 made
                 by
                 the
                 Saxons
                 .
                 8.
                 
              
               
                 Cosshering
                 ,
                 what
                 .
                 60.
                 
              
               
                 Cossey
                 .
                 157.
                 
              
               
                 Counties
                 in
                 England
                 .
                 5.
                 
              
               
                 County-Courts
                 how
                 often
                 kept
                 .
                 54.
                 
                 
                   
                     Were
                     proclaim'd
                     a
                     sennight
                     beforehand
                     .
                     ib.
                     
                  
                   
                     Earl's
                     County
                     and
                     Bishop's
                     Diocess
                     had
                     but
                     one
                     limit
                     .
                     130
                     ,
                     131.
                     
                  
                   
                     Ecclesiastical
                     and
                     Secular
                     causes
                     there
                     decided
                     .
                     131.
                     
                  
                
              
               
                 Court-Baron
                 .
                 4.
                 
                 
                   
                     It
                     s
                     Original
                     .
                     51.
                     
                  
                
              
               
                 Court-Leet
                 .
                 51.
                 
                 
                   
                     Sometimes
                     granted
                     to
                     the
                     Lords
                     of
                     Mannours
                     .
                     ibid.
                     
                  
                
              
               
                 Court-Christian
                 or
                 Ecclesiastical
                 ,
                 when
                 it
                 sprung
                 up
                 .
                 131
                 ,
                 132.
                 
              
               
                 
                 High
                 Courts
                 of
                 Justice
                 ,
                 why
                 they
                 sit
                 not
                 in
                 the
                 Afternoons
                 .
                 89
                 ,
                 90.
                 
                 
                   
                     Why
                     they
                     sit
                     not
                     all
                     some
                     days
                     .
                     90
                     ,
                     91.
                     
                  
                   
                     Why
                     they
                     sit
                     on
                     the
                     Rogation
                     days
                     .
                     ibid.
                     
                  
                   
                     Why
                     on
                     some
                     Festivals
                     and
                     not
                     on
                     others
                     .
                     91
                  
                   
                     The
                     Admiralty-Court
                     ,
                     why
                     always
                     open
                     .
                     94.
                     
                  
                   
                     Chancery-Court
                     said
                     to
                     be
                     always
                     open
                     .
                     ib.
                     
                  
                
              
               
                 Cowshil
                 .
                 153.
                 
              
               
                 Creak
                 .
                 149.
                 
              
               
                 Cromer
                 .
                 152.
                 
              
               
                 Crostwick
                 .
                 153.
                 
              
               
                 Crowner's
                 Office
                 ,
                 not
                 before
                 the
                 Conquest
                 .
                 27.
                 
              
            
             
               
                 D
              
               
                 Dane-blood
                 .
                 149.
                 
              
               
                 Dane-law
                 .
                 45.
                 
              
               
                 Danes
                 ,
                 not
                 capable
                 of
                 devising
                 lands
                 by
                 will.
                 22
              
               
                 David
                 I.
                 King
                 of
                 Scotland
                 and
                 Earl
                 of
                 Huntingdon
                 .
                 11
                 ,
                 131.
                 
              
               
                 Dean
                 ,
                 his
                 Office
                 and
                 Functions
                 .
                 50.
                 
                 
                   
                     The
                     priviledges
                     of
                     a
                     Bishop's
                     Dean
                     .
                     ibid.
                     
                  
                
              
               
                 Deerham
                 (
                 West
                 )
                 140.
                 
              
               
                 Defensor
                 Plebis
                 .
                 129.
                 
              
               
                 Degradatio
                 Militis
                 .
                 185.
                 
              
               
                 Deira
                 ,
                 a
                 Province
                 .
                 13.
                 
              
               
                 Demains
                 or
                 Demesne
                 ,
                 what
                 .
                 12.
                 
                 
                   
                     Ancient
                     Demesnes
                     had
                     not
                     any
                     lands
                     by
                     Knight-service
                     .
                     44
                     ,
                     57.
                     
                  
                
              
               
                 D'Evreux
                 (
                 Robert
                 )
                 Earl
                 of
                 Essex
                 ,
                 Viscount
                 Bourchier
                 ,
                 &c.
                 171.
                 
                 
                   
                     Sent
                     into
                     Spain
                     with
                     an
                     army
                     .
                     ibid.
                     
                  
                   
                     Storm'd
                     Cadiz
                     .
                     ibid.
                     
                  
                   
                     Created
                     Marshal
                     of
                     
                       England
                       .
                       ibid.
                    
                     
                  
                   
                     Made
                     Lord
                     Deputy
                     of
                     
                       Ireland
                       .
                       ibid.
                    
                     
                  
                   
                     When
                     beheaded
                     .
                     ibid.
                     
                  
                
              
               
                 Dies
                 juridici
                 .
                 72
                 ,
                 73.
                 
              
               
                 Dies
                 feriales
                 .
                 72.
                 
              
               
                 Dies
                 pacis
                 Ecclesiae
                 .
                 ibid.
                 79.
                 82.
                 
              
               
                 Dies
                 pacis
                 Regis
                 .
                 ibib
                 .
                 &
                 82.
                 
              
               
                 Dies
                 novem
                 Lectionum
                 .
                 91.
                 
              
               
                 Dies
                 feriati
                 repentini
                 .
                 93.
                 
              
               
                 Dower
                 ,
                 why
                 judg'd
                 to
                 belong
                 to
                 the
                 Ecclesiastical
                 Court.
                 132.
                 
              
               
                 Downham
                 .
                 140.
                 
              
               
                 Druides
                 ,
                 who
                 .
                 74.
                 
                 
                   
                     The
                     sole
                     Judges
                     of
                     controversies
                     among
                     the
                     old
                     Britains
                     .
                     74.
                     
                  
                   
                     Suppos'd
                     to
                     have
                     us'd
                     the
                     Greek
                     tongue
                     .
                     103
                  
                   
                     Had
                     no
                     knowledge
                     of
                     the
                     Latin.
                     ibid.
                     
                  
                
              
               
                 Dudley
                 (
                 John
                 )
                 Duke
                 of
                 Northumberland
                 and
                 Earl
                 Marshal
                 of
                 England
                 .
                 170.
                 
              
            
             
               
                 E
              
               
                 Eadmere
                 a
                 Monk
                 of
                 Canterbury
                 made
                 Arch-bishop
                 of
                 St.
                 Andrews
                 in
                 Scotland
                 .
                 119.
                 
              
               
                 King
                 Eadwigus's
                 Charter
                 of
                 Thane-lands
                 granted
                 to
                 Aelswine
                 .
                 19.
                 
              
               
                 Earl
                 Marshals
                 of
                 England
                 .
                 169
                 ,
                 170
                 ,
                 171.
                 
              
               
                 Earl
                 of
                 a
                 County
                 ;
                 see
                 Alderman
              
               
                 Earldoms
                 not
                 hereditary
                 in
                 ancient
                 times
                 .
                 13.
                 
              
               
                 Earldoms
                 in
                 
                   France
                   .
                   ibid.
                
                 &
                 14.
                 
              
               
                 Earls
                 among
                 the
                 Saxons
                 .
                 13
                 ,
                 14.
                 
                 
                   
                     Earl
                     no
                     title
                     of
                     dignity
                     anciently
                     .
                     13.
                     
                  
                   
                     Their
                     Office
                     depended
                     on
                     the
                     King's
                     pleasure
                     .
                     ibid.
                     
                  
                   
                     An
                     Earls
                     Heriot
                     .
                     31.
                     
                  
                
              
               
                 Easter-Term
                 ,
                 how
                 limited
                 anciently
                 .
                 83.
                 
              
               
                 Easter-week
                 ,
                 when
                 exempted
                 from
                 Law
                 business
                 .
                 76.
                 
              
               
                 Ebsam
                 in
                 Surrey
                 .
                 23.
                 
              
               
                 King
                 Edgar's
                 Charter
                 of
                 donation
                 of
                 certain
                 Thane-lands
                 .
                 19.
                 
                 
                   
                     Another
                     Charter
                     granted
                     by
                     him
                     to
                     the
                     Monastery
                     of
                     Hide
                     near
                     Winchester
                     .
                     20.
                     
                  
                   
                     By
                     whose
                     advice
                     his
                     Laws
                     were
                     made
                     .
                     61.
                     
                  
                
              
               
                 King
                 Edward
                 the
                 elder
                 ,
                 how
                 he
                 propos'd
                 his
                 Laws
                 .
                 61.
                 
                 
                   
                     The
                     first
                     that
                     prohibited
                     Law
                     business
                     on
                     Festivals
                     77.
                     
                  
                
              
               
                 King
                 Edward
                 the
                 Confessor's
                 Charter
                 of
                 donation
                 to
                 Thola
                 .
                 20.
                 
                 
                   
                     Several
                     priviledges
                     granted
                     to
                     the
                     Cinque-Ports
                     .
                     26.
                     
                  
                   
                     His
                     Laws
                     by
                     whom
                     collected
                     .
                     61.
                     
                  
                   
                     His
                     Constitution
                     touching
                     Festivals
                     .
                     79.
                     
                  
                
              
               
                 Edward
                 Earl
                 of
                 Norfolk
                 and
                 Marshal
                 of
                 England
                 .
                 168.
                 
                 
                   
                     Dyed
                     in
                     his
                     minority
                     .
                     ibid.
                     
                  
                
              
               
                 Edwin
                 ,
                 son
                 of
                 Othulf
                 ,
                 gave
                 certain
                 lands
                 to
                 Arch-bishop
                 Odo
                 .
                 29.
                 
              
               
                 Elfere
                 a
                 Saxon
                 bequeath'd
                 Snodland
                 to
                 the
                 Church
                 of
                 St.
                 Andrews
                 .
                 128.
                 
                 
                   
                     Publish'd
                     his
                     Will
                     before
                     Odo
                     Arch-bishop
                     of
                     Canterbury
                     ,
                     &c.
                     
                     130.
                     
                  
                
              
               
                 Elfstane
                 Bishop
                 of
                 Rochester
                 .
                 130.
                 
              
               
                 Elfsy
                 Priest
                 of
                 Croyden
                 .
                 130.
                 
              
               
                 Ellingham
                 .
                 161.
                 
              
               
                 Elmham
                 .
                 150.
                 
              
               
                 Erpingham
                 .
                 151.
                 
              
               
                 Erpingham
                 (
                 Tho.
                 )
                 Commissioner
                 for
                 executing
                 the
                 Office
                 of
                 Earl
                 Marshal
                 of
                 England
                 .
                 169.
                 
              
               
                 Escheats
                 ,
                 the
                 signification
                 of
                 the
                 word
                 .
                 37.
                 
                 
                   
                     No
                     feodal
                     Escheats
                     among
                     the
                     Saxons
                     .
                     37
                     ,
                     38.
                     
                  
                
              
               
                 Escuage
                 ,
                 what
                 in
                 the
                 Empire
                 .
                 36.
                 
                 
                   
                     Neither
                     its
                     name
                     nor
                     rules
                     us'd
                     by
                     the
                     Saxons
                     .
                     37.
                     
                  
                
              
               
                 Essoyning
                 ,
                 the
                 manner
                 of
                 it
                 not
                 in
                 use
                 before
                 the
                 Conquest
                 .
                 27.
                 
              
               
                 King
                 Ethelbald's
                 Charter
                 to
                 the
                 Monks
                 of
                 Croyland
                 .
                 22.
                 
              
               
                 Ethelbert
                 the
                 first
                 Christian
                 King
                 of
                 the
                 Saxons
                 .
                 8.
                 
                 
                   
                     He
                     causes
                     his
                     Laws
                     to
                     be
                     put
                     in
                     writing
                     .
                     ibid.
                     
                  
                   
                     He
                     took
                     somewhat
                     from
                     the
                     Roman
                     law
                     .
                     102
                  
                
              
               
                 Etheldreda
                 daughter
                 of
                 K.
                 Alfred
                 ,
                 her
                 dowry
                 .
                 8.
                 
              
               
                 King
                 Etheldred
                 ordain'd
                 every
                 eight
                 Hides
                 of
                 land
                 to
                 find
                 a
                 man
                 for
                 the
                 naval
                 Expedition
                 .
                 17.
                 
                 
                   
                     His
                     Charter
                     of
                     donation
                     to
                     Aethelwold
                     .
                     19.
                     
                  
                   
                     Another
                     Charter
                     granted
                     by
                     him
                     to
                     his
                     Thane
                     
                       Sealwyne
                       .
                       ibid.
                    
                     
                  
                
              
               
                 King
                 Ethelstane
                 ,
                 whom
                 he
                 consulted
                 in
                 making
                 his
                 Laws
                 .
                 61.
                 
              
               
                 
                 King
                 Ethelwulfs
                 Charter
                 of
                 priviledges
                 .
                 23.
                 
                 
                   
                     He
                     divided
                     his
                     lands
                     by
                     Will
                     among
                     his
                     three
                     sons
                     .
                     128.
                     
                  
                
              
               
                 Euricus
                 King
                 of
                 the
                 Goths
                 .
                 102.
                 
              
               
                 Exauctoratio
                 Militis
                 .
                 185.
                 
              
               
                 Expeditio
                 ,
                 what
                 it
                 signifies
                 in
                 Latin.
                 17.
                 
              
            
             
               
                 F
              
               
                 Fakenham
                 .
                 150.
                 
              
               
                 Fasti
                 ,
                 or
                 Law
                 days
                 among
                 the
                 Romans
                 ,
                 why
                 so
                 nam
                 d.
                 72.
                 
                 
                   
                     Seldom
                     two
                     Fasti
                     together
                     .
                     75.
                     
                  
                   
                     Fasti
                     proprie
                     .
                     ibid.
                     
                  
                   
                     Fasti
                     intercisi
                     .
                     ibid.
                     
                  
                   
                     Fasti
                     Comitiales
                     .
                     ibid.
                     
                  
                   
                     All
                     the
                     Fasti
                     not
                     apply'd
                     to
                     Judicature
                     .
                     ibid.
                     
                  
                
              
               
                 Fealty
                 ,
                 the
                 definition
                 of
                 it
                 .
                 35.
                 
                 
                   
                     No
                     Fealty
                     but
                     for
                     a
                     fee.
                     36.
                     
                  
                   
                     What
                     manner
                     of
                     Fealty
                     among
                     the
                     
                       Saxons
                       .
                       ibid.
                    
                     
                  
                
              
               
                 Felbrig
                 .
                 152.
                 
              
               
                 Felewell
                 .
                 161.
                 
              
               
                 Feodal
                 words
                 ,
                 none
                 among
                 the
                 Saxons
                 .
                 7
                 ,
                 8
                 ,
                 9.
                 
              
               
                 Feorme
                 what
                 it
                 signifies
                 in
                 the
                 Saxon
                 tongue
                 .
                 15
              
               
                 Ferdwite
                 .
                 37.
                 
              
               
                 Festa
                 majora
                 ,
                 vel
                 principalia
                 .
                 91.
                 
              
               
                 Festivals
                 ,
                 how
                 exempted
                 from
                 Law
                 days
                 .
                 76.
                 
                 
                   
                     The
                     differences
                     of
                     them
                     .
                     91.
                     
                  
                   
                     The
                     Festivals
                     of
                     St.
                     Peter
                     and
                     Paul.
                     92.
                     
                  
                   
                     Of
                     St.
                     George
                     .
                     93.
                     
                  
                   
                     Of
                     Gun-powder
                     Treason
                     .
                     ibid.
                     
                  
                
              
               
                 A
                 Feud
                 ,
                 what
                 it
                 is
                 .
                 1.
                 
                 
                   
                     It
                     s
                     general
                     and
                     particular
                     definition
                     .
                     2.
                     
                  
                   
                     Feuds
                     among
                     the
                     Jews
                     .
                     ibid.
                     
                  
                   
                     Among
                     the
                     Gauls
                     .
                     3
                     ,
                  
                   
                     Their
                     original
                     .
                     4.
                     
                  
                   
                     Made
                     perpetual
                     and
                     hereditary
                     .
                     5.
                     
                  
                   
                     When
                     and
                     how
                     they
                     became
                     so
                     .
                     ibid.
                     
                  
                   
                     Especially
                     in
                     
                       England
                       .
                       ibid.
                    
                     
                  
                   
                     The
                     difference
                     between
                     them
                     and
                     Benefices
                     .
                     6
                     ,
                     9.
                     
                  
                   
                     The
                     great
                     growth
                     of
                     them
                     .
                     ibid.
                     
                  
                   
                     No
                     proper
                     Feuds
                     before
                     the
                     Conquest
                     .
                     ibid.
                     
                  
                
              
               
                 Feudal-law
                 generally
                 receiv'd
                 in
                 every
                 Kingdom
                 .
                 5.
                 
                 
                   
                     It
                     s
                     youth
                     ,
                     infancy
                     ,
                     and
                     full
                     age
                     .
                     9.
                     
                  
                   
                     Where
                     it
                     had
                     its
                     original
                     .
                     ibid.
                     
                  
                
              
               
                 Feudatarii
                 .
                 9.
                 
              
               
                 Feudum
                 militare
                 &
                 nobile
                 .
                 4.
                 
                 
                   
                     Rusticum
                     &
                     ignobile
                     .
                     ibid.
                     
                  
                   
                     Feuda
                     majora
                     &
                     regalia
                     .
                     ibid.
                     
                  
                   
                     The
                     word
                     Feudum
                     or
                     Feodum
                     not
                     us'd
                     in
                     K.
                     Beorredus's
                     days
                     .
                     9.
                     
                  
                
              
               
                 Fideles
                 ,
                 who
                 .
                 4.
                 
              
               
                 Fidelity
                 ,
                 what
                 .
                 59.
                 
              
               
                 Fines
                 for
                 Licence
                 of
                 alienation
                 .
                 33.
                 
                 
                   
                     The
                     Thane-lands
                     free
                     from
                     them
                     .
                     ibid.
                     
                  
                   
                     Not
                     in
                     use
                     among
                     the
                     Saxons
                     .
                     34.
                     
                  
                
              
               
                 Fitz-Alan
                 (
                 Jo.
                 )
                 Lord
                 Maltravers
                 ,
                 Marshal
                 of
                 England
                 .
                 168.
                 
              
               
                 Fitz-Osborn
                 (
                 Will.
                 )
                 Lord
                 Marshal
                 to
                 King
                 William
                 the
                 Conquerour
                 .
                 165.
                 
              
               
                 Flegg
                 .
                 154.
                 
              
               
                 Flitcham
                 .
                 145.
                 
              
               
                 Flitchamburrough
                 .
                 52
                 ,
                 145.
                 
              
               
                 Folcland
                 ,
                 what
                 .
                 12.
                 
                 
                   
                     Not
                     alienated
                     without
                     licence
                     .
                     33
                     ,
                     34.
                     
                  
                   
                     Free
                     from
                     homage
                     .
                     35.
                     
                  
                
              
               
                 Ford-Park
                 .
                 110.
                 
              
               
                 Forests
                 ,
                 belong
                 to
                 the
                 King
                 alone
                 .
                 118.
                 
                 
                   
                     Subjects
                     can
                     have
                     'em
                     only
                     in
                     custody
                     .
                     ibid.
                     
                  
                
              
               
                 Fouldage
                 .
                 162.
                 
              
               
                 Franc-almoin
                 .
                 2
                 ,
                 7.
                 
              
               
                 Frank-tenements
                 .
                 12.
                 
              
               
                 Freeborgs
                 or
                 Tithings
                 .
                 51.
                 
              
               
                 Frekenham
                 .
                 153.
                 
              
            
             
               
                 G
              
               
                 Garbulsham
                 .
                 158.
                 
              
               
                 Gavelkind
                 what
                 ,
                 and
                 why
                 so
                 call'd
                 .
                 12.
                 
                 
                   
                     Observ'd
                     throughout
                     all
                     Kent
                     .
                     43.
                     
                  
                   
                     At
                     first
                     the
                     general
                     Law
                     of
                     all
                     Nations
                     .
                     ibid.
                     
                  
                
              
               
                 Germans
                 ,
                 their
                 Customs
                 and
                 Tenures
                 carry'd
                 into
                 several
                 Countries
                 .
                 5.
                 
                 
                   
                     They
                     receiv'd
                     the
                     Roman
                     Law.
                     127.
                     
                  
                
              
               
                 Gey-wood
                 .
                 143.
                 
              
               
                 Gilbert
                 ,
                 the
                 third
                 son
                 of
                 William
                 the
                 King's
                 
                   
                     Marshal
                     .
                     166.
                     
                  
                   
                     Made
                     Marshal
                     of
                     
                       England
                       .
                       ibid.
                    
                     
                  
                   
                     Kill'd
                     in
                     a
                     Tournament
                     .
                     ibid.
                     
                  
                
              
               
                 Gimmingham
                 .
                 152.
                 
              
               
                 Goths
                 ,
                 carry
                 the
                 German
                 Laws
                 into
                 Spain
                 ,
                 Greece
                 ,
                 &c.
                 
                 5.
                 
                 
                   
                     They
                     were
                     the
                     first
                     that
                     put
                     their
                     Laws
                     in
                     writing
                     .
                     102.
                     
                  
                   
                     Trusted
                     Priests
                     with
                     the
                     passing
                     of
                     wills
                     .
                     130
                  
                
              
               
                 Government
                 ;
                 the
                 ancient
                 Government
                 of
                 England
                 .
                 49.
                 &c.
                 53.
                 
              
               
                 Grand-days
                 in
                 France
                 and
                 England
                 .
                 92.
                 
              
               
                 Grand
                 Serjeanty
                 .
                 2.
                 
              
               
                 Grantesmale
                 (
                 Hugh
                 )
                 Marshal
                 under
                 K.
                 William
                 I.
                 165.
                 
              
               
                 Greeks
                 ,
                 from
                 whom
                 they
                 had
                 much
                 of
                 their
                 ancient
                 Rites
                 .
                 74
                 ,
                 127.
                 
              
               
                 Gresham
                 .
                 152.
                 
              
               
                 Gressenhall
                 .
                 150.
                 
              
               
                 Grey
                 (
                 Rad.
                 de
                 )
                 exauctoratur
                 .
                 185.
                 
              
               
                 Guthrun
                 the
                 Dane
                 .
                 61
                 ,
                 77.
                 
              
            
             
               
                 H
              
               
                 Hales
                 .
                 156.
                 
              
               
                 Harkela
                 (
                 Andr.
                 de
                 )
                 exauctoratur
                 .
                 185.
                 
              
               
                 Harleston
                 .
                 ibid.
                 
              
               
                 Hartlebury-park
                 .
                 110.
                 
              
               
                 Hawkins
                 ▪
                 Pet
                 )
                 Keeper
                 of
                 
                 Bramsil-park
                 wounded
                 by
                 Arch-bishop
                 Abbot
                 .
                 109
                 ,
                 &c.
                 
              
               
                 Hengham
                 .
                 157.
                 
              
               
                 King
                 Henry
                 I.
                 imprison'd
                 the
                 Bishop
                 of
                 Durham
                 .
                 62.
                 
                 
                   
                     His
                     Constitution
                     about
                     Festivals
                     and
                     Law-days
                     .
                     81.
                     
                  
                
              
               
                 King
                 Henry
                 II.
                 ratify'd
                 the
                 Laws
                 of
                 Edw.
                 the
                 Confess
                 .
                 and
                 Will.
                 the
                 Conquerour
                 .
                 81.
                 
              
               
                 Henry
                 Bishop
                 of
                 Winchester
                 conven'd
                 K.
                 Stephen
                 to
                 his
                 Synod
                 .
                 132.
                 
              
               
                 
                 Heribannum
                 ,
                 what
                 .
                 17.
                 
              
               
                 Heriots
                 paid
                 after
                 the
                 death
                 of
                 great
                 Men.
                 31
                 ,
                 32
                 
                   
                     To
                     whom
                     forgiven
                     .
                     32.
                     
                  
                   
                     The
                     difference
                     between
                     them
                     and
                     Reliefs
                     .
                     32
                     ,
                     33.
                     
                  
                   
                     By
                     whom
                     ,
                     and
                     when
                     first
                     ordain'd
                     .
                     32.
                     
                  
                   
                     What
                     the
                     word
                     Heriot
                     signifies
                     .
                     ibid.
                     
                  
                   
                     Heriots
                     and
                     Reliefs
                     issuing
                     out
                     of
                     the
                     same
                     lands
                     .
                     33.
                     
                  
                   
                     No
                     badge
                     of
                     lands
                     held
                     by
                     Knight-service
                     .
                     ibid.
                     
                  
                
              
               
                 Heydon
                 .
                 151.
                 
              
               
                 High
                 Courts
                 :
                 see
                 ,
                 
                   Court
                   of
                   Justice
                
                 .
              
               
                 Hikifricus
                 Pugil
                 quidam
                 Norfolciensis
                 .
                 138.
                 
              
               
                 Hilary-Term
                 ,
                 its
                 ancient
                 bounds
                 .
                 82
                 ,
                 83.
                 
                 
                   
                     The
                     end
                     of
                     it
                     sometimes
                     held
                     in
                     Septuagesima
                     .
                     95.
                     
                  
                
              
               
                 Hockwold
                 .
                 161.
                 
              
               
                 Holkham
                 .
                 149.
                 
              
               
                 Holland
                 (
                 Tho
                 )
                 Marshal
                 of
                 England
                 .
                 168.
                 
              
               
                 Holland
                 (
                 Tho.
                 )
                 Earl
                 of
                 Kent
                 Duke
                 of
                 Norfolk
                 .
                 169.
                 
                 
                   
                     Made
                     Earl
                     Marshal
                     of
                     
                       England
                       .
                       ibid.
                    
                     
                  
                
              
               
                 Holland
                 (
                 Tho.
                 )
                 Farl
                 Marshal
                 of
                 England
                 during
                 the
                 minority
                 of
                 
                   John
                   Mowbray
                
                 .
                 165.
                 
              
               
                 Holme
                 in
                 Norfolk
                 147
                 ,
                 152
              
               
                 Homage
                 ,
                 by
                 whom
                 first
                 instituted
                 .
                 5.
                 
                 
                   
                     Feodal
                     homage
                     .
                     34.
                     
                  
                   
                     Of
                     two
                     sorts
                     ,
                     ibid.
                     
                  
                   
                     When
                     begun
                     in
                     France
                     and
                     
                       England
                       .
                       ibid.
                    
                     
                  
                   
                     The
                     reason
                     of
                     it
                     .
                     34
                     ,
                     35.
                     
                  
                   
                     Who
                     are
                     to
                     do
                     it
                     .
                     35.
                     
                  
                   
                     Usual
                     in
                     Soccage-tenure
                     .
                     35.
                     
                  
                   
                     As
                     well
                     a
                     personal
                     as
                     a
                     praedial
                     duty
                     .
                     ibid.
                     
                  
                
              
               
                 Homines
                 commendati
                 .
                 35.
                 
              
               
                 
                   Hominium
                   &
                   homagium
                
                 ,
                 what
                 .
                 34.
                 
                 
                   
                     Homagium
                     ligeum
                     .
                     ibid
                  
                   
                     Feodale
                     aut
                     praediale
                     .
                     ibid.
                     
                  
                
              
               
                 Hoveden
                 ▪
                 Roger
                 )
                 when
                 he
                 wrote
                 .
                 31.
                 
              
               
                 Howard
                 (
                 Sir
                 John
                 )
                 Kt.
                 created
                 Duke
                 of
                 Norfolk
                 and
                 Earl
                 Marshal
                 of
                 England
                 .
                 17●
                 .
                 
                   
                     Slain
                     in
                     Bosworth-field
                     .
                     ibid.
                     
                  
                
              
               
                 Howard
                 (
                 Tho.
                 )
                 the
                 son
                 of
                 the
                 former
                 ,
                 Earl
                 of
                 Surrey
                 .
                 170.
                 
                 
                   
                     Imprison'd
                     in
                     the
                     Tower.
                     ibid.
                     
                  
                   
                     Defeated
                     the
                     Scotch
                     under
                     K.
                     Henry
                     VII
                     .
                     ibid
                  
                   
                     Made
                     Lord
                     Treasurer
                     of
                     England
                     and
                     restor'd
                     to
                     his
                     fathers
                     dignities
                     .
                     ibid.
                     
                  
                   
                     Kill'd
                     James
                     IV.
                     K.
                     of
                     Scotland
                     in
                     battel
                     .
                     ib.
                     
                  
                   
                     Sent
                     Ambassadour
                     into
                     
                       France
                       .
                       ibid.
                    
                     
                  
                   
                     Made
                     Vice-Roy
                     of
                     
                       England
                       .
                       ibid.
                    
                     
                  
                   
                     Where
                     he
                     dy'd
                     .
                     ibid.
                     
                  
                
              
               
                 Howard
                 (
                 Tho.
                 )
                 the
                 fourth
                 Duke
                 of
                 Norfolk
                 of
                 that
                 name
                 ,
                 and
                 Earl
                 Marshal
                 of
                 England
                 .
                 1●1
              
               
                 Howard
                 (
                 Tho.
                 )
                 the
                 Grand-son
                 of
                 the
                 former
                 Earl
                 of
                 Arundel
                 and
                 Surrey
                 .
                 ibid.
                 
                 
                   
                     The
                     first
                     Earl
                     of
                     
                       England
                       .
                       ibid.
                    
                     
                  
                   
                     Made
                     Earl
                     Marshal
                     for
                     life
                     .
                     ibid.
                     
                  
                
              
               
                 Hugh
                 Bishop
                 of
                 Coventry
                 exercis'd
                 the
                 Sheriffs
                 place
                 .
                 116.
                 
                 
                   
                     Excommunicated
                     .
                     ibid.
                     
                  
                
              
               
                 De
                 Hum●z
                 (
                 Richard
                 )
                 
                   Tribunus
                   Regis
                
                 or
                 Marshal
                 to
                 King
                 Henry
                 II.
                 166.
                 
              
               
                 Hundradors
                 .
                 51.
                 
              
               
                 Hundreds
                 ,
                 their
                 original
                 .
                 50.
                 
                 
                   
                     Hundred
                     Courts
                     .
                     51.
                     
                  
                
              
               
                 Hunting
                 forbidden
                 to
                 Clergy-men
                 .
                 109
                 ,
                 112
                 ,
                 113
                 ,
                 114
                 ,
                 115.
                 
              
               
                 Hydes
                 ,
                 what
                 .
                 17.
                 
                 
                   
                     When
                     disus'd
                     .
                     4●
                     .
                  
                
              
            
             
               
                 I
              
               
                 Ibreneys
                 (
                 Rad.
                 de
                 )
                 190.
                 
              
               
                 Iceni
                 .
                 135.
                 
                 
                   
                     Eorum
                     nomina
                     &
                     derivatio
                     .
                     ibid.
                     
                  
                
              
               
                 Icenia
                 .
                 135.
                 
                 
                   
                     Ejusdem
                     termini
                     .
                     ibid.
                     
                  
                   
                     Coelum
                     &
                     solum
                     .
                     13●
                     .
                  
                
              
               
                 Ina
                 King
                 of
                 the
                 West
                 Saxons
                 adjusted
                 the
                 quantity
                 of
                 Rent
                 for
                 every
                 Plough-land
                 .
                 15.
                 
                 
                   
                     By
                     whose
                     advice
                     he
                     made
                     his
                     Laws
                     .
                     61.
                     
                  
                   
                     Made
                     a
                     strict
                     Law
                     against
                     working
                     on
                     Sundays
                     .
                     57.
                     
                  
                
              
               
                 Ingolsthorp
                 .
                 146.
                 
              
               
                 Inland
                 ,
                 what
                 .
                 12.
                 
              
               
                 Intwood
                 .
                 157.
                 
              
               
                 K.
                 John's
                 
                   Magna
                   Charta
                
                 .
                 63.
                 
              
               
                 John
                 Marshal
                 to
                 King
                 
                   Henry
                   ▪
                
                 I.
                 165.
                 
              
               
                 Irregularity
                 of
                 Clergy-men
                 ,
                 wherein
                 it
                 consists
                 .
                 109
                 ,
                 112.
                 
              
               
                 I
                 se
                 fluvius
                 unde
                 dictus
                 .
                 135.
                 
                 
                   
                     Ejusdem
                     aestus
                     .
                     139.
                     
                  
                
              
               
                 Islepe
                 (
                 Sim
                 )
                 Arch-bishop
                 of
                 Canterbury
                 .
                 90.
                 
              
               
                 Jury
                 taken
                 out
                 of
                 several
                 Hundreds
                 in
                 a
                 County
                 .
                 53.
                 
                 
                   
                     Jurours
                     prohibited
                     to
                     have
                     meat
                     ,
                     &c.
                     till
                     agreed
                     of
                     their
                     Verdict
                     .
                     89.
                     
                  
                
              
               
                 Jus
                 Gentium
                 .
                 2.
                 
              
               
                 Justices
                 of
                 Evre
                 when
                 instituted
                 .
                 27.
                 
              
               
                 Justinian
                 the
                 Emperor
                 ,
                 when
                 he
                 flourish'd
                 .
                 129.
                 
                 
                   
                     He
                     prohibited
                     Clergy-men
                     to
                     take
                     cognizance
                     of
                     Wills.
                     ibid.
                     
                  
                
              
               
                 Justitium
                 ,
                 what
                 ▪
                 72.
                 
              
            
             
               
                 K
              
               
                 Keninghall
                 .
                 158.
                 
              
               
                 Kent
                 ,
                 the
                 custom
                 of
                 Gavelkind
                 in
                 that
                 County
                 .
                 43.
                 
              
               
                 Kettringham
                 15●
                 .
              
               
                 The
                 King
                 the
                 fountain
                 of
                 all
                 Feuds
                 and
                 Tenures
                 .
                 1●
                 .
                 
                   
                     The
                     King
                     to
                     have
                     his
                     Tenants
                     lands
                     till
                     the
                     heir
                     has
                     done
                     homage
                     .
                     3●
                     .
                  
                   
                     The
                     King
                     universal
                     Lord
                     of
                     his
                     whole
                     Territories
                     .
                     37.
                     
                  
                   
                     Anciently
                     granted
                     Churches
                     to
                     Lay-men
                     .
                     115
                  
                
              
               
                 Knight
                 ,
                 what
                 among
                 the
                 Saxons
                 .
                 51
                 ,
                 58.
                 
                 
                   
                     Why
                     there
                     are
                     but
                     two
                     Knights
                     of
                     the
                     Shire
                     for
                     a
                     County
                     ?
                     64.
                     
                  
                
              
               
                 Knight's-fees
                 .
                 3
                 ,
                 4
                 ,
                 51
                 ,
                 58.
                 
                 
                   
                     When
                     introduc'd
                     .
                     45.
                     
                  
                   
                     The
                     number
                     of
                     them
                     .
                     ibid.
                     
                  
                   
                     The
                     value
                     of
                     a
                     Knights-fee
                     .
                     ibid.
                     
                  
                
              
               
                 Knight-service
                 2
                 ,
                 7.
                 
              
               
                 Kymberley
                 .
                 158.
                 
              
            
             
               
               
                 S
              
               
                 
                   Sacha
                   &
                   Soca
                
                 ,
                 what
                 in
                 the
                 Saxon
                 tongue
                 .
                 51.
                 
              
               
                 Saliques
                 bring
                 the
                 German
                 feodal
                 Rights
                 into
                 France
                 .
                 5.
                 
              
               
                 Sall
                 in
                 Norfolk
                 .
                 151.
                 
              
               
                 Sandringham
                 .
                 146.
                 
              
               
                 Sanhadrim
                 ,
                 when
                 and
                 where
                 the
                 Judges
                 of
                 it
                 sate
                 .
                 75.
                 
              
               
                 Satrapies
                 among
                 the
                 Saxons
                 .
                 50.
                 
              
               
                 Saxons
                 the
                 first
                 planters
                 of
                 the
                 German
                 Rites
                 in
                 Great
                 Britain
                 .
                 5.
                 
                 
                   
                     Their
                     Charters
                     translated
                     .
                     7.
                     
                  
                   
                     The
                     manner
                     of
                     making
                     their
                     conveyances
                     .
                     8
                  
                   
                     Distinction
                     of
                     persons
                     among
                     them
                     .
                     11.
                     
                  
                   
                     How
                     many
                     degrees
                     of
                     Honour
                     they
                     had
                     .
                     16.
                     
                  
                   
                     How
                     they
                     held
                     their
                     lands
                     .
                     40.
                     
                  
                   
                     What
                     oblig'd
                     'em
                     to
                     so
                     many
                     kinds
                     of
                     services
                     .
                     ibid.
                     
                  
                   
                     Saxons
                     very
                     much
                     given
                     to
                     drunkenness
                     .
                     89.
                     
                  
                   
                     When
                     they
                     took
                     possession
                     of
                     England
                     .
                     100.
                     
                  
                   
                     They
                     swept
                     away
                     the
                     Roman
                     Laws
                     there
                     .
                     101
                  
                   
                     Yet
                     took
                     somewhat
                     from
                     them
                     .
                     102.
                     
                  
                   
                     Why
                     their
                     Laws
                     were
                     not
                     at
                     first
                     put
                     in
                     writing
                     .
                     ibid.
                     
                  
                   
                     When
                     they
                     had
                     written
                     Laws
                     .
                     ibid.
                     
                  
                   
                     The
                     use
                     of
                     wills
                     unknown
                     to
                     the
                     ancient
                     Saxons
                     .
                     127.
                     
                  
                   
                     Our
                     Saxons
                     observ'd
                     the
                     Civil
                     Law
                     in
                     their
                     wills
                     .
                     128.
                     
                  
                
              
               
                 Scutagium
                 .
                 36
                 ,
                 37.
                 
              
               
                 Sedgeford
                 .
                 146.
                 
              
               
                 Segrave
                 (
                 Nicholas
                 )
                 Marshal
                 of
                 England
                 .
                 167.
                 
              
               
                 Seignory
                 ,
                 wherein
                 it
                 consists
                 .
                 2.
                 
              
               
                 Services
                 ,
                 how
                 many
                 sorts
                 of
                 'em
                 upon
                 lands
                 .
                 17.
                 
                 
                   
                     Personal
                     services
                     .
                     40.
                     
                  
                   
                     Praedial
                     .
                     ibid.
                     
                  
                   
                     Alodial
                     .
                     ibid.
                     
                  
                   
                     Beneficiary
                     .
                     ibid.
                     
                  
                   
                     Colonical
                     .
                     ibid.
                     
                  
                
              
               
                 
                   Servitia
                   militaria
                
                 ,
                 what
                 .
                 46.
                 
                 
                   
                     The
                     difference
                     between
                     them
                     and
                     
                       Servitutes
                       militares
                       .
                       ibid
                       ▪
                    
                  
                
              
               
                 Seymour
                 (
                 Edward
                 )
                 Duke
                 of
                 Somerset
                 ,
                 Nephew
                 of
                 King
                 Edw.
                 VI.
                 169.
                 
                 
                   
                     Made
                     Lord
                     Treasurer
                     and
                     Earl
                     Marshal
                     of
                     
                       England
                       .
                       ibid.
                    
                     
                  
                
              
               
                 Shardlow
                 (
                 Joh
                 )
                 Justice
                 of
                 Oyer
                 ,
                 had
                 a
                 licence
                 to
                 hear
                 causes
                 on
                 a
                 Festival
                 .
                 95
                 ,
                 96.
                 
              
               
                 
                   Sharnburn
                   ▪
                
                 146.
                 
                 
                   
                     History
                     of
                     the
                     Family
                     .
                     189
                     ,
                     &c.
                     
                  
                
              
               
                 Shelton
                 .
                 156.
                 
              
               
                 Shouldham
                 .
                 142.
                 
              
               
                 Shyre
                 gemot
                 ,
                 what
                 .
                 53.
                 
              
               
                 Signioral
                 authority
                 ,
                 what
                 .
                 6●
                 .
              
               
                 Snetsham
                 .
                 146
                 ,
                 189
                 ,
                 190
                 ,
                 &c.
                 
              
               
                 Socage
                 .
                 3
                 ,
                 7
                 ,
                 33
                 ,
                 43.
                 
              
               
                 Socmen
                 .
                 1●
                 ,
                 15
                 ,
                 57.
                 
              
               
                 Sprowston
                 .
                 153.
                 
              
               
                 Stanchow
                 .
                 146
                 ,
                 19●
                 .
              
               
                 Star
                 ▪
                 chamber
                 Court.
                 94
                 ,
                 95.
                 
              
               
                 Stigand
                 Arch-bishop
                 of
                 Canterbury
                 depos'd
                 .
                 119.
                 
              
               
                 
                 Stock-Chappel
                 .
                 146.
                 
              
               
                 Stow-Bardolfe
                 .
                 140.
                 
              
               
                 Strangbow
                 Gilb
                 )
                 Earl
                 of
                 Pembroke
                 and
                 Marshal
                 of
                 the
                 King's
                 Palace
                 .
                 165.
                 
              
               
                 Suiters
                 of
                 the
                 Hundred
                 .
                 51.
                 
                 
                   
                     When
                     and
                     by
                     whom
                     call'd
                     at
                     this
                     day
                     .
                     ibid.
                     
                  
                
              
               
                 Summons
                 ,
                 the
                 manner
                 of
                 it
                 in
                 the
                 Empire
                 .
                 36.
                 
              
               
                 Sunday
                 ,
                 how
                 exempted
                 from
                 Law
                 Suits
                 .
                 76.
                 
              
               
                 Sustenance
                 ,
                 what
                 .
                 59.
                 
              
               
                 Swasham
                 .
                 141.
                 
              
               
                 Swainmote-Courts
                 .
                 85.
                 
              
               
                 Syndici
                 ,
                 who
                 .
                 63
                 ,
                 64.
                 
              
               
                 Synod
                 of
                 Eanham
                 ,
                 when
                 held
                 .
                 78.
                 
              
            
             
               
                 T
              
               
                 Talbot
                 (
                 George
                 )
                 Earl
                 of
                 Shrewsbury
                 .
                 171.
                 
                 
                   
                     Executed
                     the
                     Office
                     of
                     Lord
                     High
                     Steward
                     of
                     
                       England
                       .
                       ibid.
                    
                     
                  
                
              
               
                 Tallagium
                 .
                 60.
                 
              
               
                 Tasburg
                 .
                 156.
                 
              
               
                 Tassilo
                 Duke
                 of
                 Bavaria
                 did
                 homage
                 to
                 King
                 Pipin
                 .
                 34.
                 
              
               
                 Tenant
                 ▪
                 lands
                 of
                 how
                 many
                 sorts
                 .
                 4.
                 
              
               
                 Tenants
                 by
                 Knight-service
                 .
                 4.
                 
                 
                   
                     Tenant
                     in
                     capite
                     .
                     10.
                     
                  
                   
                     Tenant
                     in
                     menalty
                     .
                     ibid.
                     
                  
                   
                     Tenant
                     Paraval
                     .
                     ibid.
                     
                  
                   
                     Tenant's
                     land
                     or
                     the
                     Tenancy
                     .
                     12.
                     
                  
                   
                     Tenants
                     what
                     they
                     were
                     in
                     ancient
                     time
                     .
                     51.
                     
                  
                   
                     Tenants
                     in
                     Socage
                     .
                     57.
                     
                  
                   
                     Tenants
                     forc'd
                     to
                     pay
                     a
                     fine
                     upon
                     the
                     marriage
                     of
                     a
                     Daughter
                     .
                     60.
                     
                  
                   
                     To
                     furnish
                     their
                     Lords
                     with
                     provisions
                     .
                     ibid.
                     
                  
                   
                     To
                     present
                     them
                     with
                     gratuities
                     .
                     ibid.
                     
                  
                
              
               
                 Tenure
                 in
                 capite
                 .
                 2.
                 
                 
                   
                     By
                     Knight-service
                     .
                     4
                     ,
                     7.
                     
                  
                   
                     The
                     Original
                     of
                     Tenures
                     .
                     4.
                     
                  
                   
                     Tenure
                     in
                     Socage
                     .
                     4
                     ,
                     7.
                     
                  
                   
                     Tenures
                     for
                     Life
                     .
                     ibid.
                     
                  
                   
                     What
                     tenures
                     were
                     in
                     use
                     among
                     the
                     Saxons
                     .
                     7.
                     
                  
                   
                     When
                     first
                     us'd
                     .
                     ibid.
                     
                  
                   
                     No
                     tenures
                     in
                     capite
                     among
                     the
                     Saxons
                     .
                     10.
                     
                  
                   
                     Tenure
                     in
                     capite
                     of
                     two
                     sorts
                     .
                     ibid.
                     
                  
                   
                     The
                     fruits
                     of
                     feodal
                     tenures
                     .
                     24.
                     
                  
                   
                     The
                     name
                     of
                     tenures
                     not
                     us'd
                     by
                     the
                     Saxons
                     .
                     40.
                     
                  
                
              
               
                 Terminus
                 ,
                 what
                 it
                 signifies
                 .
                 71.
                 
                 
                   
                     When
                     the
                     word
                     became
                     frequent
                     .
                     ibid.
                     
                  
                   
                     Terms
                     ,
                     their
                     definition
                     and
                     etymology
                     .
                     71.
                     
                  
                   
                     Several
                     acceptations
                     of
                     the
                     word
                     .
                     70.
                     
                  
                   
                     Full
                     term
                     and
                     Puisne
                     term
                     .
                     ibid.
                     
                  
                   
                     The
                     Original
                     of
                     Terms
                     ▪
                     73
                     ,
                     &
                     77.
                     
                  
                   
                     Two
                     Terms
                     among
                     the
                     Welch
                     .
                     74.
                     
                  
                   
                     The
                     Terms
                     laid
                     out
                     according
                     to
                     the
                     ancient
                     Laws
                     .
                     82.
                     
                  
                   
                     The
                     ancient
                     bounds
                     of
                     Hilary-Term
                     .
                     82
                     ,
                     83.
                     
                  
                   
                     Of
                     Easter-Term
                     .
                     83.
                     
                  
                   
                     Of
                     Trinity-Term
                     .
                     84
                     ,
                     85.
                     
                  
                   
                     Of
                     Michaelmass-Term
                     .
                     85
                     ,
                     86.
                     
                  
                   
                     How
                     
                       Trinity
                       Term
                    
                     was
                     alter'd
                     .
                     87.
                     
                  
                   
                     
                     Michaelmass-Term
                     ,
                     how
                     abbreviated
                     .
                     88.
                     
                  
                   
                     Why
                     the
                     Terms
                     are
                     sometime
                     extended
                     into
                     the
                     Vacation
                     .
                     95.
                     
                  
                
              
               
                 Terra
                 Regis
                 .
                 57.
                 
              
               
                 Terrae
                 testamentales
                 .
                 12.
                 
              
               
                 Terrington
                 .
                 138.
                 
              
               
                 Tertium
                 denarium
                 .
                 14.
                 
              
               
                 Testaments
                 and
                 last
                 wills
                 not
                 in
                 use
                 among
                 the
                 ancient
                 Hebrews
                 .
                 127.
                 
                 
                   
                     Not
                     found
                     in
                     Scripture
                     before
                     Christ's
                     time
                     .
                     ibid.
                     
                  
                   
                     Expresly
                     mention'd
                     by
                     St.
                     
                       Paul
                       ,
                       ibid.
                    
                     
                  
                   
                     Not
                     us'd
                     by
                     the
                     Saxons
                     or
                     
                       Normans
                       .
                       ibid.
                    
                     
                  
                   
                     The
                     custom
                     of
                     making
                     wills
                     from
                     whom
                     taken
                     up
                     .
                     ibid.
                     
                  
                   
                     How
                     many
                     witnesses
                     to
                     a
                     will
                     requir'd
                     by
                     the
                     Civil
                     Law.
                     128.
                     
                  
                
              
               
                 Thane
                 or
                 Theoden
                 ,
                 who
                 .
                 10
                 ,
                 11.
                 
                 
                   
                     Their
                     several
                     kinds
                     .
                     16.
                     
                  
                   
                     Not
                     properly
                     a
                     title
                     of
                     Dignity
                     .
                     ibid.
                     
                  
                   
                     The
                     Etymology
                     of
                     their
                     name
                     .
                     ibid.
                     
                  
                   
                     The
                     quality
                     of
                     their
                     Persons
                     .
                     ibid.
                     
                  
                   
                     The
                     nature
                     of
                     their
                     Land.
                     17.
                     
                  
                   
                     The
                     word
                     Thane
                     has
                     no
                     relation
                     to
                     war.
                     21.
                     
                  
                   
                     A
                     Thane's
                     Heriot
                     .
                     31.
                     
                  
                
              
               
                 Thane-lands
                 ,
                 not
                 subject
                 to
                 feodal
                 service
                 .
                 18.
                 
                 
                   
                     Charters
                     of
                     Thane-lands
                     granted
                     by
                     Saxon
                     Kings
                     .
                     19
                     ,
                     20.
                     
                  
                   
                     The
                     occasion
                     of
                     granting
                     them
                     .
                     21.
                     
                  
                   
                     Thane-lands
                     alienated
                     .
                     ibid.
                     
                  
                   
                     Devised
                     by
                     will.
                     22.
                     
                  
                   
                     Granted
                     to
                     women
                     .
                     ibid.
                     
                  
                   
                     No
                     service
                     upon
                     'em
                     but
                     what
                     was
                     express'd
                     .
                     ibid.
                     
                  
                   
                     Dispos
                     d
                     of
                     at
                     the
                     pleasure
                     of
                     the
                     owner
                     .
                     23.
                     
                  
                   
                     Charged
                     with
                     a
                     Rent
                     .
                     ibid.
                     
                  
                   
                     Might
                     be
                     restrain'd
                     from
                     alienation
                     .
                     ibid.
                     
                  
                   
                     Thane-lands
                     and
                     Reveland
                     ,
                     what
                     .
                     38.
                     
                  
                
              
               
                 Thani
                 majores
                 &
                 minores
                 .
                 16.
                 
                 
                   
                     Thani
                     Regis
                     .
                     ibid.
                     
                  
                
              
               
                 Theinge
                 .
                 50.
                 
                 
                   
                     His
                     jurisdiction
                     .
                     ibid.
                     
                  
                
              
               
                 Theowes
                 and
                 Esnes
                 ,
                 who
                 .
                 11.
                 
              
               
                 Thetford
                 .
                 158.
                 
              
               
                 Thokus
                 Dominus
                 de
                 Sharnburn
                 .
                 189.
                 
              
               
                 Thola
                 the
                 widow
                 of
                 Ore
                 ,
                 had
                 a
                 grant
                 of
                 certain
                 lands
                 of
                 K.
                 Edw.
                 the
                 Confessour
                 .
                 20.
                 
                 
                   
                     Obtain'd
                     a
                     Licence
                     to
                     devise
                     her
                     Lands
                     and
                     Goods
                     .
                     34.
                     
                  
                
              
               
                 Thrimsa
                 ,
                 what
                 .
                 15.
                 
              
               
                 Thrithingreves
                 ,
                 or
                 Leidgerev●s
                 ,
                 their
                 Office
                 and
                 Authority
                 .
                 52.
                 
                 
                   
                     What
                     causes
                     were
                     usually
                     brought
                     before
                     '
                     em
                     .
                     ibid.
                     
                  
                
              
               
                 Tribunus
                 militum
                 ,
                 rei
                 militaris
                 aut
                 exercitus
                 .
                 165.
                 
              
               
                 Tribute
                 .
                 59.
                 
              
               
                 Trimarcesia
                 .
                 what
                 .
                 3.
                 
              
               
                 Trinity-term
                 ,
                 its
                 ancient
                 bounds
                 .
                 84
                 ,
                 85.
                 
                 
                   
                     How
                     it
                     was
                     alter'd
                     and
                     shortned
                     .
                     87.
                     
                  
                
              
               
                 
                   Trinodis
                   necessitas
                
                 .
                 17
                 ,
                 43.
                 
              
               
                 Trithings
                 or
                 Lathes
                 .
                 50.
                 
                 
                   
                     Why
                     so
                     call'd
                     .
                     52.
                     
                  
                
              
               
                 Turfs
                 ,
                 why
                 so
                 call'd
                 .
                 139
                 ,
                 140.
                 
              
               
                 Tydd
                 .
                 139.
                 
              
               
                 Tylney
                 .
                 138.
                 
              
               
                 Tylney-smeeth
                 .
                 ibid.
                 
              
            
             
               
                 V
              
               
                 Vacation
                 ,
                 what
                 .
                 72.
                 
                 
                   
                     A
                     particular
                     Vacation
                     appointed
                     by
                     the
                     Longobards
                     .
                     84.
                     
                  
                
              
               
                 Valvasini
                 .
                 58.
                 
              
               
                 Valvasor
                 .
                 16
                 ,
                 17
                 ,
                 58.
                 
              
               
                 Vassalagium
                 ,
                 what
                 .
                 34.
                 
              
               
                 Vassalli
                 .
                 3
                 ,
                 9.
                 
              
               
                 Venatio
                 clamosa
                 ,
                 quieta
                 ,
                 aut
                 modesta
                 .
                 109
                 ,
                 114.
                 
              
               
                 Villanus
                 ,
                 what
                 it
                 signifies
                 in
                 Latin.
                 14.
                 
              
            
             
               
                 W
              
               
                 De
                 Waceio
                 
                   (
                   Radulphus
                
                 )
                 Princeps
                 militiae
                 Normannorum
                 .
                 165.
                 
              
               
                 Wallington
                 .
                 14●
                 .
              
               
                 Walpole
                 .
                 138.
                 
              
               
                 Walsham
                 .
                 153.
                 
              
               
                 Walsingham
                 .
                 149.
                 
              
               
                 Walsoke
                 .
                 138.
                 
              
               
                 Walter
                 Arch-deacon
                 of
                 Oxenford
                 .
                 100.
                 
              
               
                 Walter
                 Bishop
                 of
                 Durham
                 bought
                 Northumberland
                 .
                 116.
                 
                 
                   
                     Sate
                     himself
                     in
                     the
                     County
                     Court.
                     ibid.
                     
                  
                   
                     By
                     whom
                     kill'd
                     .
                     ibid.
                     
                  
                
              
               
                 Walter
                 Marshal
                 of
                 England
                 ,
                 the
                 fourth
                 son
                 of
                 William
                 the
                 King's
                 Marshal
                 .
                 166.
                 
                 
                   
                     When
                     he
                     dy'd
                     .
                     ibid.
                     
                  
                
              
               
                 Walton
                 .
                 138.
                 
              
               
                 Walworth
                 (
                 Sir
                 Will
                 ▪
                 )
                 Lord
                 Mayor
                 of
                 London
                 .
                 168.
                 
              
               
                 Wapentakes
                 .
                 50.
                 
              
               
                 Watton
                 .
                 161.
                 
              
               
                 Waxham
                 .
                 153.
                 
              
               
                 Wardship
                 ,
                 no
                 profits
                 arising
                 from
                 it
                 in
                 the
                 Saxons
                 time
                 .
                 25.
                 
                 
                   
                     The
                     original
                     of
                     its
                     name
                     .
                     ibid.
                     
                  
                   
                     Wardship
                     in
                     Scotland
                     .
                     27.
                     
                  
                
              
               
                 Warenna
                 (
                 Guil.
                 de
                 )
                 19●
                 .
              
               
                 Were
                 ,
                 or
                 Weregild
                 ,
                 what
                 .
                 15.
                 
              
               
                 West-acre
                 .
                 141.
                 
              
               
                 West
                 -
                 
                 Saxon-Law
                 ▪
                 49.
                 
              
               
                 Wic
                 ,
                 what
                 it
                 signifies
                 in
                 the
                 Saxon
                 tongue
                 .
                 156.
                 
              
               
                 Wichingham
                 .
                 151.
                 
              
               
                 Wigenhall
                 .
                 138.
                 
              
               
                 William
                 the
                 Conquerour
                 transfer'd
                 his
                 Country
                 customs
                 into
                 Ireland
                 .
                 5.
                 
                 
                   
                     Makes
                     Feuds
                     and
                     Tenures
                     hereditary
                     there
                     .
                     ibid.
                     
                  
                   
                     Priviledges
                     granted
                     by
                     him
                     to
                     the
                     Cinque-Ports
                     .
                     26.
                     
                  
                   
                     Gave
                     certain
                     lands
                     to
                     Baldwin
                     Abbot
                     of
                     St.
                     
                       Edmund
                       s-bury
                    
                     45.
                     
                  
                   
                     His
                     Laws
                     made
                     by
                     the
                     consent
                     of
                     the
                     Bishops
                     and
                     Barons
                     .
                     61.
                     
                  
                   
                     His
                     Constitution
                     concerning
                     Festivals
                     and
                     Law
                     ▪
                     days
                     .
                     8●
                     .
                  
                   
                     Made
                     a
                     Law
                     that
                     no
                     man
                     should
                     be
                     put
                     to
                     death
                     for
                     any
                     crime
                     .
                     82.
                     
                  
                
              
               
                 
                 Laws
                 of
                 Scotland
                 ,
                 Reg.
                 Maj.
                 131
              
               
                 Laws
                 
                   (
                   Saxon
                
                 )
                 in
                 the
                 King's
                 Library
                 ,
                 MS.
                 
                 17.
                 
              
               
                 Lind.
                 Cland.
                 Despons
                 .
                 80.
                 
              
               
                 Littleton
                 (
                 Justice
                 )
                 6.
                 
                 
                   
                     His
                     Tenures
                     .
                     35.
                     
                  
                
              
               
                 Longobard-laws
                 .
                 89
                 ,
                 131.
                 
              
               
                 Loyseau
                 de
                 Seigneurs
                 .
                 13
                 ,
                 92.
                 
              
               
                 Ludovici
                 Pii
                 Exauctoratio
                 .
                 185.
                 
                 
                   
                     Vita
                     .
                     185.
                     
                  
                
              
               
                 Lyndwood
                 .
                 109.
                 
              
            
             
               
                 M
              
               
                 Major
                 (
                 Joh.
                 )
                 27.
                 
              
               
                 An
                 ancient
                 Manuscript
                 of
                 Saxon
                 Laws
                 in
                 the
                 King's
                 Library
                 .
                 17.
                 
              
               
                 Marculphus
                 .
                 9
                 ,
                 128
                 ,
                 129.
                 
              
               
                 Matthew
                 Paris
                 .
                 11
                 ,
                 62
                 ,
                 71
                 ,
                 116
                 ,
                 118
                 ,
                 12●
                 ,
                 138
                 ,
                 151
                 ,
                 152
                 ,
                 166
                 ,
                 167.
                 
              
               
                 Merula
                 .
                 5.
                 
              
            
             
               
                 N
              
               
                 Neapolitan
                 and
                 Sicilian
                 Constitutions
                 .
                 10
                 ,
                 80.
                 
              
               
                 Norman
                 Customs
                 ▪
                 30
                 ,
                 80.
                 
              
               
                 Novella
                 of
                 Constantine
                 Porphyrogenneta
                 .
                 36.
                 
              
            
             
               
                 O
              
               
                 Osbertus
                 .
                 99.
                 
              
               
                 Oswald
                 Bishop
                 of
                 Worcester
                 .
                 4
              
            
             
               
                 P
              
               
                 Pancirollus
                 .
                 148
                 ,
                 154
              
               
                 Pasquier
                 .
                 13.
                 
              
               
                 Paulus
                 Diaconus
                 .
                 84.
                 
              
               
                 Pausanias
                 .
                 3.
                 
              
               
                 Philo
                 Judaeus
                 .
                 75.
                 
              
               
                 Placita
                 Coronae
                 .
                 60.
                 
              
               
                 de
                 Platea
                 (
                 Joh.
                 )
                 64.
                 
              
               
                 Plinius
                 .
                 138.
                 
              
               
                 Polydorus
                 Virgilius
                 .
                 62
                 ,
                 71.
                 
              
               
                 Prosper
                 .
                 93.
                 
              
            
             
               
                 R
              
               
                 Radevicus
                 de
                 Gest
                 .
                 Frid.
                 I.
                 82.
                 
              
               
                 Radulphus
                 Niger
                 .
                 90
                 ,
                 117.
                 
              
               
                 Ramsey-Abbey
                 MS
                 29
                 ,
                 53
                 ,
                 128
                 ,
                 139
                 ,
                 140
                 ,
                 146.
                 
              
               
                 Rastal
                 .
                 86.
                 
              
            
             
               
                 S
              
               
                 Selden
                 .
                 26.
                 
              
               
                 Sigonius
                 .
                 127.
                 
              
               
                 Skeneus
                 .
                 28.
                 
              
               
                 Smith
                 (
                 Sir
                 Tho.
                 )
                 6
                 ,
                 75.
                 
              
               
                 Soto
                 .
                 109
                 ,
                 112.
                 
              
               
                 Spelman's
                 Glossary
                 .
                 1
                 ,
                 3
                 ,
                 12
                 ,
                 15
                 
                   
                     Codex
                     legum
                     .
                     96.
                     
                  
                
              
               
                 Spelmans
                 Concilia
                 Britannica
                 .
                 8
                 ,
                 17
                 ,
                 18
                 ,
                 23.
                 
              
               
                 Sprott
                 ,
                 a
                 Monk
                 of
                 Canterbury
                 .
                 45.
                 
              
               
                 Statius
                 .
                 84.
                 
              
               
                 Stow.
                 147
                 ,
                 154
                 ,
                 168
                 ,
                 186
                 ,
                 213.
                 
              
               
                 Suarez
                 .
                 109.
                 
              
               
                 Suecus
                 (
                 Gravius
                 )
                 3.
                 
              
               
                 Synod
                 of
                 Eanham
                 .
                 78.
                 
              
            
             
               
                 T
              
               
                 Tabienus
                 .
                 90
                 ,
                 91.
                 
              
               
                 Tacitus
                 .
                 3
                 ,
                 4
                 ,
                 15
                 ,
                 35
                 ,
                 51
                 ,
                 59
                 ,
                 74
                 ,
                 127
                 ,
                 149.
                 
              
            
             
               
                 V
              
               
                 Vegetius
                 .
                 147.
                 
              
               
                 Vincent
                 .
                 168
                 ,
                 169.
                 
              
               
                 Virgilius
                 .
                 93.
                 
              
            
             
               
                 W
              
               
                 Walsingham
                 Hypodigma
                 Neustriae
                 .
                 82
                 ,
                 92
                 ,
                 151
                 ,
                 167.
                 
              
               
                 Waraeus
                 .
                 140.
                 
              
               
                 K.
                 William
                 I's
                 .
                 Laws
                 .
                 82
                 ,
                 84.
                 
              
               
                 William
                 of
                 Malmsbury
                 .
                 119
                 ,
                 145.
                 
              
            
             
               
                 Y
              
               
                 York
                 Herald
                 .
                 168
                 ,
                 169.
                 
              
            
             
               FINIS
               .
            
             
          
        
      
    
     
       
         Notes, typically marginal, from the original text
         
           Notes for div A61094-e490
           
             1
             Pag.
             188.
             
          
           
             2
             Pag.
             208.
             
          
           
             3
             Pag.
             212.
             
             Durham-house
             .
          
        
         
           Notes for div A61094-e3700
           
             Birth
             .
          
           
             1
             
               Praef.
               ad
            
             Gloss
             .
             Edit
             .
             1687
             by
             J.
             A.
             
          
           
             Education
             .
          
           
             2
             Praef.
             ad
             Gloss
             .
          
           
             3
             Letter
             against
             Impropriations
             ,
             printed
             among
             the
             Treatises
             publisht
             by
             
               Jer.
               Stephens
               ,
               1647.
               4t●
            
          
           
             Sent
             to
             Lincoln's
             Inn.
             
          
           
             Marriage
             
          
           
             1
             2
             Jac.
             1
             
          
           
             Employments
             .
          
           
             2
             Hacket
             ,
             Life
             of
             Bishop
             Williams
             ,
             Part
             2.
             pag
             93.
             
          
           
             Knighted
             
          
           
             Came
             to
             live
             in
             London
             .
          
           
             1
             Pref.
             to
             the
             Gloss
             .
          
           
             Study
             of
             our
             ancient
             Historians
             .
          
           
             1
             Law-Terms
             ,
             Chap.
             8
             in
             MS.
             Oxon
          
           
             Glossary
             .
          
           
             1
             Praef.
             ad
             Gloss
             .
          
           
             2
             Brady
             ,
             Answ
             .
             to
             Mr.
             Petit
             ,
             pag.
             229.
             
          
           
             The
             second
             part
             of
             the
             Glossary
             .
          
           
             1
             Mr.
             
               Petit's
               Jani
               Anglorum
               facies
               Nova
            
             ,
             p.
             
               219.
               
               &
               265.
            
             
             And
             the
             answer
             to
             it
             ,
             by
             Dr.
             Brady
             ,
             pag.
             229.
             
          
           
             1
             Brady
             ,
             pag.
             229.
             
          
           
             Councils
             .
          
           
             1
             Praef.
             ad
             Concil
             .
             
               Vol.
               I.
            
             
          
           
             〈…〉
             Councils
             .
          
           
             1
             〈…〉
             Council
             .
          
           
             The
             second
             Volume
             of
             the
             Councils
             .
          
           
             1
             Life
             of
             Mr.
             Somner
             .
          
           
             2
             Mr.
             Nicolsons
             English
             Library
             ,
             part
             2.
             pag.
             43.
             
          
           
             1
             〈…〉
             As●mol
             Oxon
             
          
           
             〈…〉
             
          
           
             1
             
               Pag
               ▪
            
             ●24
             .
          
           
             Larger
             Work
             of
             Tithes
             .
          
           
             The
             History
             and
             Fate
             of
             Sacriledge
             ,
             MS
             
          
           
             2
             Ath.
             Oxon
             p.
             230.
             
             Part
             2.
             
          
           
             Codex
             Legum
             Veterum
             MS.
             
          
           
             De
             Sepultura
             .
          
           
             Aspilogia
             
          
           
             Book
             of
             Abbreviations
             .
          
           
             〈…〉
             
          
           
             1
             Pref.
             to
             that
             Book
             .
          
           
             〈…〉
             
          
           
             〈…〉
             
          
           
             1
             
               Dedicat.
               ad
            
             Tho.
             Adamsium
             ante
             Bedam
             .
          
           
             Acquaintance
             .
          
           
             Children
             .
          
           
             3
             Praef.
             ad
             Concil
             .
             T.
             1.
             
          
           
             2
             Camd.
             Ep.
             226.
             
          
           
             〈◊〉
             Spelman
             
          
           
             Clement
             Spelman
             .
          
           
             1
             Wood
             ,
             At
             h
             Oxon.
             p.
             511.
             part
             2.
             
          
           
             〈…〉
             
          
        
         
           Notes for div A61094-e13070
           
             〈…〉
             d●finit●●n
             of
             a
             〈◊〉
             .
          
           
             Th●
             〈…〉
             .
          
           
             1
             Cujac
             .
             in
             praefat
             .
             ad
             .
             lib.
             1.
             feud
             .
             p.
             10.
             &
             seq
             .
          
           
             2
             Cujac
             .
             ad
             lib.
             3.
             feud
             .
             tit
             .
             1.
             p.
             178.
             
          
           
             Instances
             of
             Feuds
             among
             the
             〈◊〉
             .
          
           
             3
             1
             
               Chron.
               ●hap
            
             .
             23
             ,
             &
             2●
             
          
           
             4
             Ibid.
             Cap.
             23.
             
          
           
             5
             Cap.
             27.
             
          
           
             1
             Num.
             21.
             14.
             1
             
             Kings
             13.
             17.
             
          
           
             2
             Lib.
             de
             Phocid
             .
             p.
             118.
             
          
           
             Among
             the
             Gauls
             .
          
           
             3
             Bell.
             Gall.
             lib.
             6.
             p.
             118.
             
          
           
             Ambact●
             .
          
           
             4
             Bell.
             Gall.
             p.
             184.
             
          
           
             5
             Ibid.
             p.
             124.
             
          
           
             6
             Genes
             .
             14.
             14.
             
          
           
             7
             Germ.
             Mor.
             p.
             129.
             
          
           
             8
             Cujac
             .
             ad
             Constit
             .
             Lotharii
             feud
             .
             lib.
             5.
             p.
             284.
             
          
           
             9
             Bell.
             Gall.
             lib.
             6.
             p.
             120.
             
          
           
             10
             Germ.
             Mor.
             
          
           
             11
             Bell.
             Gall.
             p.
             121.
             
          
           
             12
             
               In
               Epist
               .
               ad
               Bon.
               Vulcan
               .
            
             Vid.
             Bellagines
             in
             Glossario
             nostro
             .
          
           
             1
             Cujac
             .
             in
             pr●●
             .
             a●
             lib.
             p.
             1.
             
          
           
             2
             Cujac
             .
             ad
             li●
             1.
             feud
             .
             p.
             21.
             
          
           
             3
             Vid
             infra
             Chap.
             ●6
          
           
             Tenu●e●●●r
             Li●e
             .
          
           
             How
             Feuds
             became
             hereditary
             .
          
           
             Feuds
             hereditary
             in
             England
             .
          
           
             1
             Comment
             .
             in
             consuet
             .
             F●●d
             .
             Cap.
             1.
             
          
           
             2
             Rex
             Mediolan
             .
             lib.
             3.
             
          
           
             3
             Gunt
             .
             p.
             409.
             
          
           
             1
             A●
             lib.
             1.
             
             Feud
             .
             Tit.
             1.
             p.
             21.
             
          
           
             The
             great
             growth
             of
             〈◊〉
             ●s
             to
             title
             .
          
           
             2
             Cujac
             .
             Feud
             .
             lib.
             3.
             p.
             180.
             
          
           
             3
             Ibid.
             
          
           
             4
             Lib.
             1.
             p.
             7.
             
          
           
             5
             Feud
             .
             lib.
             1.
             p.
             5.
             
          
           
             6
             〈◊〉
             3.
             
             ●
             .
             5.
             
             〈◊〉
             437.
             
          
           
             No
             proper
             Feuds
             before
             the
             Conquest
             .
          
           
             What
             Tenures
             were
             in
             use
             among
             the
             Saxons
             .
          
           
             Tenures
             when
             first
             used
             .
          
           
             Translation
             of
             Saxon
             Charters
             .
          
           
             No
             Feodal
             words
             among
             the
             Saxons
             .
          
           
             The
             charter
             of
             Beorredus
             examined
             .
          
           
             1
             Hist
             .
             Lib.
             2.
             c.
             5.
             
          
           
             Saxon
             Charters
             in
             the
             Saxon
             tongu●
             .
          
           
             2
             Concil
             .
             Brit.
             p.
             378.
             
          
           
             1
             In
             praesatione
             illius
             Libri
             .
          
           
             Feudum
             not
             in
             use
             in
             Beorredus's
             days
             .
          
           
             2
             Chap.
             20.
             
             &
             21.
             
          
           
             3
             Ad
             Marcul●
             .
             p.
             470.
             
          
           
             4
             P.
             550.
             
          
           
             5
             Prooem
             ad
             lib.
             Feud
             .
             p.
             7.
             
          
           
             Feuda
             and
             Beneficia
             .
          
           
             1
             Lib.
             1.
             
             Tit.
             65.
             &c.
             
          
           
             2
             Lib.
             3.
             
             Tit.
             21.
             &c.
             
          
           
             3
             Norm
             .
             Reform
             .
             p.
             4.
             
          
           
             4
             In
             Gul.
             Rege
             .
          
           
             No
             Tenures
             in
             Capite
             among
             the
             Saxons
             .
          
           
             Tenure
             
               in
               Capite
            
             of
             two
             sorts
             .
          
           
             1
             Lib.
             Ramsey
             f.
             42.
             d.
             §.
             279.
             
          
           
             2
             Pap.
             157.
             
          
           
             Distinction
             of
             persons
             among
             the
             Saxons
             .
          
           
             Lands
             among
             the
             Saxons
             .
             Bocland
             .
          
           
             1
             Vid.
             Gloss
             .
             in
             Verb.
             Foresta
             .
          
           
             Folcland
             .
          
           
             Inland
             .
          
           
             2
             Ing.
             Sax.
             p.
             864.
             
          
           
             Outland
             .
          
           
             3
             Praef.
             ad
             libr.
             Fend
             .
             p.
             12.
             
          
           
             4
             Itinerar
             .
             Cant.
             p.
             495.
             
          
           
             Earl
             no
             title
             of
             dignity
             anciently
             .
          
           
             1
             Asser
             .
             de
             gest
             .
             Alfredi
             p.
             21.
             
          
           
             2
             Ibid.
             
          
           
             No
             Earldoms
             hereditary
             .
          
           
             Earldoms
             in
             France
             .
          
           
             3
             Loyseau
             ●e
             Seignier
             .
             c.
             5.
             p.
             106.
             lin
             .
             ●lt
             .
          
           
             Ceorls
             .
          
           
             1
             Cap.
             70.
             
          
           
             Ceorls
             .
          
           
             2
             P.
             116.
             
          
           
             3
             De
             Mor.
             Germ.
             p.
             132.
             
          
           
             4
             Cap.
             65.
             
          
           
             5
             Fol.
             55.
             
             C.
             
          
           
             6
             Cap.
             de
             
               Weregild
               ▪
            
          
           
             7
             Ll.
             Aethelst
             .
             ibid.
             
          
           
             Earls
             capable
             of
             Knight's-Fees
             .
          
           
             Thane
             ,
             what
             .
          
           
             Th●
             quality
             of
             Thanes
             .
          
           
             1
             Hist
             .
             Se●●
             .
             Lib.
             6.
             
          
           
             2
             It●n
             .
             Cant.
             p.
             502.
             
          
           
             1
             Cap.
             de
             dignitate
             hominum
             f.
             163.
             
          
           
             *
             Sceorp
             ,
             vestitus
             ,
             apparatus
             Somn.
             
          
           
             The
             three
             services
             upon
             Lands
             
          
           
             2
             Conc.
             Brit.
             sub
             An.
             1009.
             p.
             520.
             
          
           
             3
             al.
             9.
             
          
           
             Triremem
             .
          
           
             1
             Con.
             Brit.
             p.
             ...
          
           
             2
             P.
             227.
             
          
           
             3
             P.
             256.
             
          
           
             4
             P.
             349.
             
          
           
             5
             P.
             433.
             
          
           
             〈…〉
             not
             subject
             to
             〈…〉
             
          
           
             6
             P.
             29.
             
          
           
             7
             Lib.
             2.
             
             Tit.
             27.
             p.
             166.
             
          
           
             Eadwigus
             
          
           
             Edgarus
             .
          
           
             Ethelredus
             .
          
           
             1
             MS.
             Mon.
             de
             Hyde
             sub
             tit
             .
             R.
             Ethelredi
             .
          
           
             2
             Sic
             Ed.
             Conf.
             in
             chart
             .
             fact
             .
             Orco
             Minist
             .
             7.
             
          
           
             〈◊〉
             
          
           
             1
             MS
             de
             Abb.
             ub
             .
             Chart.
             2.
             
          
           
             Edward
             Confess
             .
          
           
             Edgar
             .
          
           
             2
             Lib.
             MS.
             ejusd
             .
             Monast
             .
             sub
             Tit.
             Edgar
             Chart.
             ult
             .
          
           
             Thane
             has
             no
             direct
             relation
             to
             war.
             
          
           
             No
             mention
             of
             tenere
             ,
             &c.
             
          
           
             What
             us'd
             instead
             of
             Tenere
             .
          
           
             The
             occasion
             of
             granting
             Thane-lands
             .
          
           
             Thane-lands
             alienated
             .
          
           
             Thane-lands
             devised
             by
             Will.
             
          
           
             〈…〉
             g●●nted
             to
             Women
             .
          
           
             〈…〉
             upon
             Thane-lands
             but
             what
             was
             expressed
             .
          
           
             Expedition
             ,
             repairing
             of
             〈…〉
             
          
           
             1
             
               Ingul●
               .
               p.
            
             851
             ,
             852.
             
          
           
             1
             Conc.
             Brit.
             in
             An.
             855.
             ex
             Ingulf
             .
             Malmesb.
             &
             al.
             
          
           
             Thane-lands
             disposed
             of
             at
             the
             pleasure
             of
             the
             owner
             .
          
           
             Thane-land
             charg'd
             with
             a
             rent
             .
          
           
             1
             Pag.
             35.
             
          
           
             2
             Pag.
             36.
             
          
           
             3
             Ma●●●
             .
             1●
             .
             33.
             
          
           
             4
             Pag.
             33.
             
          
           
             5
             Pag.
             36
             ,
             37.
             
          
           
             6
             Pag.
             33.
             
          
           
             7
             Pag.
             36
             ,
             37.
             
          
           
             Profits
             by
             Wardship
             .
          
           
             Chap.
             8.
             
          
           
             The
             name
             Wardship
             .
          
           
             Mr.
             Selden's
             judgement
             .
          
           
             1
             P.
             37.
             
             Sect
             160.
             
          
           
             2
             
               Par
               ▪
            
             11.
             cap.
             8.
             p.
             301.
             
          
           
             Lambards
             opinion
             .
          
           
             3
             P.
             123
             ,
             &
             124.
             
          
           
             4
             Lib.
             intrat
             .
             Tit.
             Challing
             .
             fol.
             1156.
             
          
           
             Magna
             Charta
             .
          
           
             5
             p.
             37
             ▪
             
          
           
             1
             Pag.
             571.
             
          
           
             2
             P.
             584.
             
          
           
             3
             Fol.
             148.
             
          
           
             Wardship
             in
             Scotland
             .
          
           
             4
             Pag.
             38.
             
          
           
             5
             P.
             38.
             
          
           
             Hector
             Boethius
             .
          
           
             Th●
             auth●ri●y
             of
             〈…〉
             .
          
           
             1
             Fol.
             112.
             a.
             
          
           
             2
             Lib.
             7.
             f.
             75.
             b.
             
          
           
             The
             agreement
             of
             the
             English
             and
             Scotch
             Laws
             .
          
           
             Marriage
             of
             Wards
             .
          
           
             2
             Kings
             2.
             21.
             
          
           
             When
             marriages
             came
             in
             .
          
           
             〈◊〉
             marriage
             .
          
           
             1
             Art.
             228.
             
          
           
             2
             Cap.
             6.
             
          
           
             Praerog
             .
             Reg.
             cap.
             3
             
          
           
             No
             Reliefs
             among
             the
             Saxons
             .
          
           
             1
             Pag.
             36.
             
             &
             37.
             
          
           
             Medmena
             mediocris
             .
          
           
             Releviamentum
             .
          
           
             Heriots
             and
             Reliefs
             .
          
           
             1
             
               Bracton
               fol
            
             84.
             ●
             
          
           
             1
             
               Bracton
               fol.
            
             84.
             a.
             num
             .
             1.
             
          
           
             2
             Verb.
             Feudal
             .
          
           
             3
             Fol.
             85.
             n.
             8.
             
          
           
             Fines
             for
             licence
             of
             alienation
             .
          
           
             Folcland
             .
          
           
             1
             〈◊〉
             Kent
             T●●
             .
             M●pham
             .
          
           
             Feodal
             homage
             .
          
           
             2
             Coke
             
               Instit
               .
               par
            
             .
             1.
             
             Sect.
             85.
             fol.
             64.
             
             ●
             .
          
           
             Homage
             two-fold
             .
          
           
             Neither
             Bocland
             nor
             Folcland
             subject
             to
             homage
             .
          
           
             1
             
               Tenures
               lib.
            
             2.
             
             Cap.
             1.
             
             §.
             90.
             
          
           
             2
             Norf.
             Terra
             Will.
             Ep.
             &
             Terra
             Fid.
             fil
             .
             Spirawi●
             .
          
           
             All
             oath●
             not
             fealty
             .
          
           
             3
             Germ.
             §.
             46.
             
          
           
             No
             Fealty
             but
             for
             a
             Fee.
             
          
           
             〈…〉
             .
          
           
             1
             〈◊〉
             in
             Lib.
             1.
             pag.
             7.
             
          
           
             Summons
             in
             the
             Empire
             .
          
           
             2
             Gunter
             .
             
               de
               Gest
            
             .
             Freder
             ▪
             I.
             Lib.
             2
             ▪
             p
             301.
             
          
           
             1
             Cannt
             .
             Ll.
             ca.
             10.
             
          
           
             2
             Cannt
             .
             Ll.
             ca.
             
               12.
               
               &
               13.
            
             
          
           
             3
             Ibid.
             ca.
             69.
             
          
           
             Escheats
             .
          
           
             
             Canutus's
             Law
             examin'd
             .
          
           
             Thane-lands
             .
          
           
             1
             〈…〉
             p.
             34.
             
          
           
             Reveland
             .
          
           
             2
             〈…〉
             .
          
           
             3
             Pag.
             25.
             l.
             2.
             
          
           
             Coke's
             citation
             false
             
          
           
             Sense
             of
             Doomsday
             .
          
           
             Tempore
             Edwardi
             Regis
             .
          
           
             The
             French
             Custumary
             
          
           
             〈…〉
             .
          
           
             Personal
             〈◊〉
             .
          
           
             Praedial
             〈◊〉
             .
          
           
             Alodial
             ●●●●ice
             .
          
           
             Beneficiary
             services
             .
          
           
             Colonical
             〈◊〉
             .
          
           
             The
             import
             of
             the
             Charter
             .
          
           
             *
             Or
             Fee
             granted
             .
          
           
             1
             Lib.
             de
             Fend
             .
             Cap.
             1.
             p.
             8.
             
          
           
             Prov.
             17.
             2
             
          
           
             1
             Nat.
             br
             .
             dr●it
             .
             case
             13.
             
             D.
             
          
           
             Bracton
             .
          
           
             Black
             book
             of
             the
             Exchequer
             .
          
           
             Hydes
             disus'd
             .
          
        
         
           Notes for div A61094-e41670
           
             1
             Can.
             Apost
             .
             ca
             38
          
           
             2
             Archi●pis
             .
             super
             12
             Epis●
             .
             
               Greg.
               Angu
               .
               Bed.
            
             So
             a
             Du●g
             12.
             
             Com.
             
          
           
             1
             Ll.
             Edgar
             cap.
             5.
             
          
           
             2
             Ll.
             H.
             I.
             cap.
             9.
             
          
           
             *
             〈…〉
             cum
             .
          
           
             1
             Ll.
             Edw.
             senior
             .
             ca.
             ult
             .
          
        
         
           Notes for div A61094-e44060
           
             *
             H●r●
             is
             〈…〉
             it
             〈…〉
             that
             〈◊〉
             comes
             〈◊〉
             ●●●ms
             〈…〉
             from
             〈…〉
             .
          
           
             1
             〈◊〉
             Fran.
             ca.
             27.
             p.
             216.
             
          
           
             2
             Ll.
             Edw.
             Conf.
             cap.
             17.
             
          
           
             3
             De
             tene●d
             .
             Comitatib
             .
          
           
             4
             Ll.
             Hen.
             I.
             cap.
             8.
             
          
           
             5
             〈…〉
             c.
             8.
             
             〈◊〉
             4.
             
          
           
             1
             Lit.
             Lib.
             2.
             ca.
             1.
             
          
           
             2
             Cujac
             .
             Const
             .
             Lot.
             Feud
             .
             pa.
             284.
             
          
           
             3
             〈◊〉
             Cujac
             .
             lib.
             2.
             
             Feud
             .
             Tit.
             7.
             pa.
             133.
             
          
           
             4
             Cujac
             .
             ibid.
             
          
           
             5
             Epist
             .
             Fulberti
             Epist
             .
             Canot
             .
             &
             Can.
             12.
             q.
             5.
             
          
           
             1
             Doomsd
             .
             Heref
             Lene
             .
          
           
             2
             Plac.
             Coron
             .
             R.
             de
             Banco
             .
          
           
             3
             Bracton
             .
          
           
             *
             There
             is
             space
             〈…〉
             Quotat●●n
             ,
             in
             the
             ●rigina●
             ;
             but
             what
             p●ace
             in
             
               Mat.
               Paris
            
             he
             refers
             to
             ,
             I
             know
             not
             .
          
           
             1
             Circ
             .
             An.
             700.
             
             Ll.
             Inae
             Praef.
             
          
           
             2
             Circ
             .
             880.
             in
             Praef.
             
          
           
             3
             Circ
             .
             910.
             
             Ll.
             Praef.
             &
             ca.
             
               1.
               7.
            
             
          
           
             4
             Praef.
             Foed
             .
          
           
             5
             Circ
             .
             930.
             in
             Praef.
             Ll.
             &
             Epil
             .
          
           
             6
             Cir.
             940.
             
             Ll.
             Praef.
             
          
           
             7
             Circ
             .
             970.
             in
             Praef.
             
          
           
             8
             Circ
             .
             1000.
             in
             Praef.
             
          
           
             9
             Circ
             .
             1025.
             in
             Praef.
             Ll.
             politic
             .
          
           
             1
             Eadm
             .
             Will.
             II.
             p.
             26.
             
          
           
             2
             Lib.
             11.
             pa.
             188.
             
          
           
             3
             Lib.
             5.
             pa.
             117.
             
          
           
             4
             In
             An.
             1116.
             
          
           
             5
             W.
             Nubrig
             .
             Malmesb.
             Rad.
             Nig.
             Sim.
             Dun.
             Rad.
             de
             Dicet
             .
             Mat.
             Par.
             Mat.
             West
             .
             Ran.
             Cestr
             .
             Tho.
             Walsingh
             .
          
           
             1
             Viz.
             〈◊〉
             redimendum
             personam
             Regis
             ,
             ad
             fil●um
             prim●genitum
             militem
             faciendum
             ,
             &
             ad
             filiam
             primogenitum
             semel
             maritand●●
             .
          
           
             2
             Hottom
             .
             
               Francog
               .
               ca.
            
             27.
             
          
           
             1
             Co●e
             Report
             .
             in
             Epist
             .
          
           
             2
             Ad
             l.
             2.
             
             Cod.
             de
             Legat.
             l.
             10.
             
          
           
             3
             Fra●●ogal
             .
             ca.
             27.
             p.
             15.
             
          
           
             4
             Ad
             e●nd
             .
             L.
             
          
        
         
           Notes for div A61094-e48900
           
             1
             Deinde
             constituit
             
               (
               Gulielmus
               Conquestor
            
             )
             ut
             quatuor
             quotanis
             ,
             &c.
             Lib.
             1.
             p.
             154.
             l.
             16.
             &c.
             
          
        
         
           Notes for div A61094-e49310
           
             2
             Lib.
             10.
             cap.
             1.
             
             &
             21.
             
             Lib.
             3.
             
             Tract
             .
             2.
             cap.
             28.
             nu
             .
             1.
             
          
        
         
           Notes for div A61094-e50440
           
             〈…〉
             .
          
           
             〈…〉
             .
          
           
             1
             〈…〉
             had
             about
             six
             m●re
             or
             l●ss
             of
             them
             ,
             so
             called
             because
             on
             them
             the
             Prytanean
             Magistrates
             might
             hold
             Court.
             
          
           
             2
             So
             called
             〈…〉
             where
             their
             business
             was
             to
             sit
             only
             on
             things
             inanimate
             ,
             as
             when
             a
             piece
             of
             stone
             ,
             timber
             or
             iron
             ,
             &c.
             ●ell
             ●n
             a
             man
             ,
             ●f
             the
             〈◊〉
             that
             ●●●ng
             it
             were
             not
             known
             ,
             sentence
             was
             past
             on
             that
             thing
             which
             s●ew
             him
             ;
             and
             the
             Masters
             of
             this
             Court
             〈…〉
             see
             that
             thing
             cast
             out
             of
             the
             Territories
             of
             Athens
             .
             See
             the
             Attick
             Antiq.
             
               l.
               3.
               
               Ch.
               3
               sect
               ;
               .
               4.
               
            
          
           
             3
             The
             m●nth
             February
             ,
             〈◊〉
             as
             others
             would
             have
             it
             March
             ,
             when
             Sacrifices
             were
             most
             usually
             offer'd
             to
             the
             Goddess
             Diana
             ,
             〈…〉
             
               cognomen
               Diana
               ,
               quod
               est
               ,
               jaculis
               cervos
               figens
               .
            
          
           
             〈…〉
             .
          
           
             4
             De
             bello
             Gallico
             lib.
             6.
             
          
           
             5
             Hist
             .
             C●●b
             p
             54.
             
          
           
             *
             De
             Rep.
             Angl.
             Lib.
             3.
             
          
           
             Lib.
             3.
             
          
           
             1
             Capit.
             Car.
             &
             Lud.
             Can.
             245.
             
          
           
             2
             L.
             Solis
             13.
             
             Cod.
             Theod.
             de
             Exact
             .
          
           
             3
             Caus
             .
             15
             quaest
             .
             4.
             
             C.
             1.
             
          
           
             4
             Lib.
             6.
             
             Cap.
             245
             ●
             Benedict
             .
             Levita
             .
          
           
             5
             Bin.
             Tom.
             3.
             
             Part
             1.
             p.
             616.
             
          
           
             1
             Concil
             .
             Tom.
             3.
             p.
             1056.
             
          
           
             2
             Can.
             15.
             quaest
             .
             4.
             
          
           
             3
             al.
             Septuagesima
             .
          
           
             4
             Lib.
             12.
             c.
             20.
             
          
           
             5
             Can.
             22.
             q.
             5.
             
             Ca.
             17.
             
          
           
             6
             Can.
             15.
             q.
             4.
             
             Ca.
             1.
             
          
           
             7
             
               Fif
               þeoƿ
               mon
               ƿyrce
               on
               sunnan
               daeg
               .
               be
               his
               hlafordes
               haese
               .
               sy
               he
               freo
               .
            
             
             If
             a
             Servant
             work
             on
             Sunday
             by
             his
             Master's
             command
             ,
             let
             him
             be
             made
             free
             ,
             &c.
             
          
           
             Legum
             Cap.
             4
          
        
         
           Notes for div A61094-e53810
           
             Of
             Edw.
             the
             Elder
             and
             Guthrun
             .
          
           
             8
             Legum
             Cap.
             39.
             
          
           
             1
             Leg.
             Alur
             .
             cap.
             39.
             
          
           
             The
             Synod
             of
             Eanham
             .
          
           
             2
             'T
             was
             held
             between
             the
             years
             1006.
             and
             1013.
             
             See
             the
             Author's
             
               Con.
               Britan.
            
             Tom.
             1.
             pag.
             510.
             
          
           
             3
             The
             word
             Synod
             here
             signifies
             more
             than
             Council
             ,
             not
             as
             't
             is
             usaally
             restrained
             to
             that
             of
             the
             Clergy
             〈◊〉
             .
          
           
             4
             Concil
             .
             Eanham
             .
             Can.
             15.
             
          
           
             5
             Can.
             16.
             
          
           
             6
             Can.
             17.
             
          
           
             7
             Can.
             18.
             
          
        
         
           Notes for div A61094-e54580
           
             〈◊〉
             leg
             .
             Cap.
             17.
             
          
           
             *
             Matth.
             9.
             15.
             
             Mar.
             2.
             19.
             
          
        
         
           Notes for div A61094-e54870
           
             1
             Leges
             Edw.
             Conf.
             cap.
             9.
             
          
           
             2
             Sect.
             2.
             
          
        
         
           Notes for div A61094-e55110
           
             1
             In
             Hen.
             II.
             pag.
             600.
             
          
           
             2
             Lamb.
             exord
             .
             Ll.
             Gul●el
             .
             Cod.
             MS.
             
          
           
             3
             In
             descrip
             .
             Norman
             .
          
           
             4
             Custum
             .
             Cap.
             80.
             
          
           
             5
             Lib.
             4.
             c.
             1.
             
             Lib.
             14
             c.
             1.
             2.
             
          
           
             6
             Lib.
             2.
             c.
             31.
             
          
           
             Ll.
             Edw.
             Conf.
             c.
             9.
             
          
           
             7
             Gloss
             .
             Can.
             33.
             q.
             4.
             ca.
             Non
             oportet
             in
             Quadrages
             .
          
           
             8
             Lindo
             .
             C●an
             .
             〈◊〉
             ca.
             Omnia
             .
             v.
             So●empn
             .
             Decr.
             Grat.
             de
             Feriis
             ,
             ca.
             Capellanus
             .
             Decr.
             Grat.
             Can.
             33.
             q.
             4.
             ca.
             Non
             oportet
             ●
             
               Septuag
               .
               B●l●th
            
             .
             de
             Divin
             .
             O●●i●
             .
             ca.
             65.
             
          
        
         
           Notes for div A61094-e55770
           
             1
             Leg.
             Hen.
             I.
             c.
             62.
             
          
           
             An.
             Dom.
             1142.
             
          
           
             2
             Hist
             .
             Nov.
             lib.
             1.
             pag.
             179.
             
          
           
             3
             In
             Hen.
             II.
             pag.
             600.
             
          
           
             4
             Lib.
             2.
             
             Cap.
             11.
             
          
           
             5
             Dial.
             Scacc.
             
          
           
             6
             Ca.
             62.
             
          
        
         
           Notes for div A61094-e56390
           
             〈…〉
             
          
           
             1
             Hypodig
             .
             Neust
             .
             An.
             1096.
             
             
               Malm.
               p
            
             124
             
          
           
             2
             Ll.
             Gul.
             R.
             S●n.
             c.
             19.
             
          
           
             3
             
               De
               Gest
            
             .
             Freder
             .
             I.
             lib.
             2.
             c.
             72.
             
          
           
             Cust
             ●●t
             .
             cap.
             〈◊〉
             .
          
           
             Concil
             .
             Tom.
             3.
             
          
           
             Mr.
             Ai●
             .
             Agard
             .
          
        
         
           Notes for div A61094-e57660
           
             〈◊〉
             32.
             
             〈◊〉
             VIII
             .
             〈◊〉
             21.
             
          
           
             1
             C●d
             .
             de
             ●●ri●s
             ,
             l
             2.
             ca.
             20.
             l.
             ●in
             .
             &
             ff
             .
             l.
             omnes
             dies
             .
          
           
             2
             Tit.
             de
             F●●iis
             ,
             Ca.
             5.
             
          
           
             3
             Can.
             15.
             quaest
             .
             4.
             
          
           
             4
             Silvarum
             〈…〉
             .
          
           
             5
             Hist
             .
             L●ng●b
             .
             Lib.
             3.
             cap.
             12.
             
          
           
             1
             Wisegoth
             .
             Lib.
             2.
             tit
             .
             1.
             l.
             11.
             
          
           
             1
             Sam.
             25.
             4.
             2
             
             Sam.
             13.
             23.
             
          
           
             2
             Swainmote
             or
             Swanimote
             (
             from
             the
             Saxon
             
               sƿaegn
               ,
               i.
               e.
            
             a
             Country
             Clown
             or
             Free-holder
             ,
             and
             mot
             or
             
               gemot
               Conventus
            
             )
             is
             a
             Court
             of
             Free-holders
             within
             the
             Forest
             .
             See
             
               3.
               
               Hen.
               VIII
            
             .
             ca.
             8.
             
          
           
             3
             Lib.
             2.
             cap.
             21.
             
          
        
         
           Notes for div A61094-e58710
           
             1
             Before
             the
             abbreviation
             by
             
               16.
               
               Car.
               I.
            
             cap.
             6.
             
          
           
             2
             Dial.
             lib.
             2.
             cap.
             2.
             
          
           
             *
             But
             the
             A●signees
             to
             ta●e
             ●●gnizance
             of
             weights
             and
             mea●ures
             ,
             by
             the
             Statute
             of
             
               14.
               
               Ed.
               3.
            
             c.
             12.
             are
             notwithstanding
             〈…〉
             their
             Estreats
             
               ●endemaine
               d●
               S.
               Mich●l
            
             ,
             〈◊〉
             morrow
             after
             〈…〉
             
               Rastal
               ,
               weights
               and
               measures
            
             .
          
           
             3
             Ca.
             21.
             
          
           
             *
             Here
             seems
             to
             be
             something
             wanting
             .
          
        
         
           Notes for div A61094-e59810
           
             *
             This
             chapter
             is
             inserted
             in
             the
             ●●●tion
             of
             16●4
             
          
        
         
           Notes for div A61094-e60080
           
             Chap.
             18.
             v.
             14.
             
          
           
             1
             Hist
             .
             Lib.
             6.
             
          
           
             2
             Cap.
             10.
             
          
           
             3
             Tit.
             52.
             cap.
             4.
             
          
           
             4
             Lib.
             3.
             
             Can.
             38.
             
          
           
             5
             Archaeol
             .
             
               verb.
               Comes
               cap.
            
             1.
             
             §.
             15.
             &
             
               alia
               Capit.
            
             Caroli
             §.
             4.
             
          
           
             6
             De
             Offic.
             dele
             .
             Consuluit
             .
          
           
             〈…〉
             
          
           
             1
             Pat.
             5.
             
             R.
             2.
             part
             2.
             m.
             12.
             
          
           
             2
             13.
             
             Edw.
             I.
             ca.
             30.
             
          
           
             3
             An.
             5.
             
             &
             6.
             
             Edv.
             6.
             cap.
             3.
             
          
           
             4
             Tabien
             .
             v.
             Feriae
             .
             §
             10.
             
          
           
             5
             Tit.
             de
             Feriis
             ,
             ca.
             Conquestus
             .
          
           
             6
             Lev.
             23.
             21
             ,
             25.
             
          
           
             7
             Exod.
             20.
             10.
             
             
               I●●m
               ,
               Lev.
            
             23.
             3.
             
          
           
             Why
             they
             sit
             on
             Rogation-days
             .
          
           
             1
             Tabien
             .
             Feriae
             §.
             10.
             
          
           
             Why
             on
             some
             festivals
             ,
             and
             not
             on
             others
             .
          
           
             *
             Before
             the
             abbreviation
             ,
             16
             Car.
             1.
             
          
           
             The
             difference
             of
             Festivals
             .
          
           
             2
             Durandi
             lib.
             7.
             c.
             1.
             n.
             31.
             
          
           
             3
             Durandi
             lib.
             7.
             ca.
             1.
             
          
           
             4
             Rast
             .
             Excom
             .
             5.
             
          
           
             5
             Belethus
             
               Explicat
               .
               ca.
            
             158.
             
          
           
             〈…〉
             
          
           
             〈…〉
             
          
           
             The
             Feast
             of
             St.
             
             Peter
             ●nd
             St.
             〈◊〉
             
          
           
             1
             
               It
               seemeth
               that
               the
               S●atute
               of
            
             5.
             and
             6.
             of
             Edw.
             VI.
             Cap.
             3.
             
               notwithstanding
               the
               Reveal
               of
               it
               amongst
               a
               multitude
               of
               others
               by
               Queen
            
             Mary
             ,
             Anno
             1.
             
             Sessione
             2.
             
             Cap.
             2.
             
               is
               revived
               again
               ,
               tho'
               not
               by
               Queen
            
             Elizabeth
             ,
             
               yet
               by
            
             1.
             
             Jacobi
             Cap
             25.
             
             
               In
               these
               words
            
             ;
             That
             an
             Act
             made
             in
             the
             first
             year
             of
             the
             Reign
             of
             Queen
             Mary
             ,
             intituled
             ,
             an
             Act
             for
             the
             repeal
             of
             certain
             Statutes
             made
             in
             the
             time
             of
             King
             Edw.
             VI.
             shall
             stand
             repealed
             .
             
               See
               Poulton
               too
            
             .
          
           
             St.
             George's
             day
             .
          
           
             1
             Virgil.
             Georg.
             lib.
             1.
             
          
           
             2
             Lib.
             Ep.
             
          
           
             1
             Conc.
             Medard
             .
             Can.
             22.
             q.
             5.
             ca.
             17.
             
          
           
             2
             Can.
             15.
             q.
             4.
             
          
           
             3
             Can.
             5.
             lib.
             2.
             
             Tit.
             12.
             
          
           
             4
             Ibid.
             L.
             Div.
             Trajanus
             .
          
           
             1
             Metam
             .
             Lib.
             12.
             
          
           
             2
             H.
             7.
             ca.
             1.
             21.
             
             H.
             8.
             ca.
             20.
             
          
           
             3
             Aimo
             1027.
             
             &
             1190.
             
             Hoveden
             p.
             663.
             
          
           
             Fol.
             56.
             b.
             
          
           
             1
             In
             Commiss
             .
             ejus
             .
          
           
             *
             See
             in
             the
             Appendix
             ,
             at
             the
             end
             of
             this
             discourse
             ,
             the
             Grants
             and
             Licences
             of
             this
             kind
             made
             by
             the
             Archbishops
             ,
             and
             the
             Bishop
             ●f
             Norwich
             .
          
           
             2
             See
             my
             Codex
             Ll.
             Antiq.
             
               An.
               1184.
               b.
            
             
          
           
             3
             Leges
             Ethelredi
             Cap.
             93.
             
          
           
             4
             Cap.
             41.
             
          
           
             *
             So●●ius
             .
          
           
             1
             52.
             
             Henr.
             III.
             cap.
             13.
             
          
           
             2
             51.
             
             Henr.
             III.
             
          
           
             Lev.
             23.
             v.
             6.
             
          
           
             3
             Cod.
             de
             dilation
             .
             l.
             sive
             pars
             fol.
             133.
             
          
           
             Pag.
             531.
             
          
           
             Can.
             2.
             q.
             6.
             
          
           
             *
             Germanor
             .
             480.
             
          
           
             Part
             of
             this
             paragraph
             seems
             to
             be
             cross'd
             out
             in
             the
             original
             ;
             but
             without
             it
             the
             connexion
             cannot
             be
             made
             good
             .
          
           
             *
             Here
             is
             this
             note
             in
             the
             margin
             of
             the
             Original
             :
             
               that
               the
               Saxons
            
             ,
             abjectio
             dominio
             Britonum
             ,
             jam
             〈…〉
             Ca.
             C●eperunt
             .
          
           
             *
             In
             the
             original
             this
             paragraph
             seems
             to
             be
             cross'd
             out
             ;
             for
             what
             reason
             I
             know
             not
             .
          
           
             1
             
               Our
               Author
               has
               left
               us
               another
               account
               ,
               
                 How
                 far
                 the
                 Britains
                 and
                 Saxons
                 made
                 use
                 of
                 the
                 Roman
                 Laws
              
               ;
               which
               we
               find
               in
               the
               printed
               Copy
               .
               It
               is
               also
               in
               the
               Original
               MS.
               tho'
               cross'd
               out
               ,
               and
               that
               which
               we
               have
               printed
               put
               in
               its
               place
               .
               But
               notwithstanding
               it
               appears
               that
               he
               design'd
               this
               ,
               as
               his
               last
               thoughts
               ,
               for
               the
               text
               ;
               yet
               the
               other
               is
               of
               more
               moment
               than
               to
               be
               omitted
               .
               It
               is
               thus
               ,
               
                 By
                 this
                 ,
                 we
                 may
                 conceive
                 how
                 the
                 Romans
                 dealt
                 with
                 the
                 Britains
                 touching
                 their
                 Laws
                 ,
                 and
                 the
                 story
                 of
                 St.
                 Alban
                 and
                 Amphibalus
                 somewhat
                 sheweth
                 it
                 .
                 But
                 more
                 plainly
                 Seneca
                 speaking
                 of
                 Claudius
                 the
                 Emperour
                 having
                 conquer'd
                 this
                 Island
                 :
                 
                   
                     —
                     Jussit
                     &
                     ipsum
                  
                   
                     Nova
                     Romanae
                  
                   
                     Jura
                     securis
                  
                   
                     Tremere
                     Oceanum
                     :
                  
                
                 
                   
                     In
                     Ocean
                     Isle
                     new
                     Laws
                     he
                     set
                     ;
                  
                   
                     That
                     from
                     the
                     Roman
                     Axe
                     were
                     set
                     .
                  
                
              
            
             
               
                 And
                 more
                 plainly
                 yet
              
               Herodianus
               
                 (
                 in
                 Severo
                 ,
                 p.
              
               250.
               )
               
                 speaking
                 of
              
               Severus
               
                 the
                 Emperour's
                 going
                 out
                 of
                 this
                 Island
                 :
              
               He
               left
               
                 (
                 saith
                 he
              
               )
               behind
               him
               ,
               in
               the
               part
               of
               the
               Island
               subject
               to
               the
               Romans
               ,
               his
               youngest
               son
               Geta
               ,
               to
               administer
               Law
               and
               the
               Civil
               affairs
               thereof
               ;
               and
               some
               of
               his
               ancient
               friends
               to
               be
               his
               Counsellors
               ;
               taking
               his
               eldest
               son
               Antoninus
               for
               his
               wars
               against
               the
               
                 Barbarians
                 .
                 In
                 averment
                 of
                 all
                 this
                 ,
                 it
                 appeareth
                 by
              
               Tacitus
               (
               Annal.
               Lib.
               14.
               p.
               231.
               )
               and
               Dion
               Cassius
               (
               
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
                 〈◊〉
              
               )
               
                 that
                 the
              
               Romans
               
                 here
                 had
                 in
                 every
                 Colony
                 their
              
               Curiam
               
                 for
                 justice
                 ,
                 and
                 their
              
               Cruces
               and
               Patibula
               
                 for
                 execution
                 .
                 In
                 the
                 Colony
                 of
              
               Camalodunum
               ,
               saith
               Tacitus
               ,
               
                 was
                 heard
              
               sremitus
               in
               Curia
               and
               Suetonius
               
                 overcoming
                 them
                 ,
                 put
                 them
                 to
              
               patibula
               ,
               ignes
               ,
               cruces
               ,
               
                 Ibid.
                 So
                 that
                 all
                 concurreth
                 to
                 the
                 verifying
                 of
                 the
                 old
                 verse
                 :
              
               
                 
                   Cernitis
                   ignotos
                   Latia
                   sub
                   Lege
                   Britannos
                   .
                
              
            
             
               But
               what
               Laws
               soever
               the
               Romans
               made
               in
               Britain
               ,
               the
               Saxons
               doubtless
               swept
               them
               all
               away
               with
               the
               Britains
               .
               There
               is
               this
               certain
               proof
               of
               it
               :
               Antoninus
               made
               a
               Constitution
               ,
               That
               all
               Nations
               under
               the
               Roman
               Empire
               should
               be
               call'd
               Romans
               ;
               and
               when
               the
               Northern
               people
               brake
               into
               th
               se
               lower
               parts
               of
               Europe
               ,
               and
               made
               their
               habitation
               there
               ,
               the
               old
               Inhabitants
               (
               whom
               they
               expelled
               not
               but
               liv'd
               mingl'd
               with
               )
               were
               still
               called
               Romans
               ;
               as
               we
               see
               in
               the
               ancient
               Laws
               of
               the
               
                 Saliques
                 ,
                 Burgundians
              
               ,
               in
               Cass
               odorus
               and
               others
               ;
               and
               their
               Laws
               distinguish'd
               by
               the
               title
               of
               
                 Lex
                 Barbara
              
               and
               
                 Lex
                 Romana
              
               .
               But
               here
               in
               Britain
               ,
               after
               the
               Saxons
               had
               conquer'd
               ,
               we
               never
               heard
               nor
               find
               ,
               any
               mention
               of
               
                 Lex
                 Romana
              
               ,
               or
               of
               any
               Roman
               Inhabitant
               :
               Which
               sheweth
               that
               both
               it
               and
               the
               Laws
               of
               the
               Britains
               were
               expell'd
               and
               driven
               away
               together
               ;
               or
               ,
               that
               of
               the
               Romans
               with
               the
               Romans
               ,
               and
               that
               of
               the
               Britans
               with
               the
               Britans
               .
            
          
           
             *
             The
             Author's
             name
             is
             so
             obscurely
             writ
             ,
             that
             I
             cannot
             ●●ad
             it
             .
          
        
         
           Notes for div A61094-e68520
           
             *
             Rogerus
             de
             Skerwing
             .
          
           
             ●o
             .
             Henr.
             III.
             
          
        
         
           Notes for div A61094-e69090
           
             1
             〈…〉
             1695.
             ●app
             .
             9.
             13.
             14.
             15.
             23.
             
          
           
             2
             Ad
             ca.
             Lator.
             
          
           
             3
             Ad
             cap.
             Johannes
             .
          
           
             4
             Lib.
             3.
             
             Tr.
             ●
             〈◊〉
             17.
             
          
           
             5
             L.
             5.
             ca.
             ●
             .
             ●a
             .
             332.
             
          
           
             6
             E●
             Burch
             .
             L.
             6.
             ca.
             22.
             
          
           
             1
             L.
             5.
             quaest
             .
             1.
             ca.
             9.
             
          
        
         
           Notes for div A61094-e70660
           
             1
             So
             
               Carol.
               M.
            
             in
             Decreto
             suo
             .
             Furnonens
             .
             Synod
             .
             Can.
             
               8.
               
               Cabilonens
            
             .
             Can.
             9.
             
             Cent.
             9.
             
             Col.
             302.
             l.
             30.
             
          
           
             1
             〈…〉
             Cleric●r●m
             
          
           
             〈…〉
             .
          
           
             1
             
               To
               Ride
               ,
               Shoot
               and
               Hunt
               ,
               be
               the
               three
               Martial
               Qualities
               ,
               whereby
               the
               Rutil
               in
               the
               ninth
               Book
               of
               V●g●●
               ,
               proveth
               his
               Countrey-men
               to
               be
               good
               Souldiers
               :
               
                 
                   V●na●●
                   invigilant
                   pu●ri
                   ,
                   sylv●sque
                   ●atigant
                   .
                
                 
                   Flectere
                   lud●s
                   eq●●s
                   ,
                   &
                   spicula
                   vendere
                   cern●●
                   .
                
              
            
          
           
             1
             Vid.
             Malm.
             p.
             214.
             l.
             
               93.
               
               Balaeus
            
             Cent.
             1.
             ca.
             74.
             in
             Append.
             citat
             .
             Magdeburgg
             .
             Cent.
             7.
             ca.
             7.
             col
             .
             204.
             
          
           
             2
             Pos●unt
             tamen
             Clerici
             arma
             portare
             ●x
             causa
             justa
             ,
             utputa
             si
             transeat
             per
             loca
             periculosa
             ,
             ad
             terrorem
             latronum
             ,
             licet
             non
             debent
             perc●tere
             .
             
               Pupil
               .
               Oc.
               par
               .
               7.
               ca.
               10.
               
               I.
               ubi
               Libri
               citantur
               alii
               .
            
          
           
             3
             V.
             Malm.
             de
             Gest
             .
             Pontif.
             l.
             1.
             pa.
             204.
             l.
             50.
             
          
           
             4
             Chron.
             pa.
             44.
             col
             .
             a.
             
          
        
         
           Notes for div A61094-e76670
           
             17.
             
             June
             1633.
             
          
           
             2
             Kings
             15.
             1.
             
          
           
             3
             Cod.
             de
             Testam
             .
             
               1.
               30.
            
             
          
           
             4
             L.
             Angl.
             tit
             .
             13.
             de
             potestate
             testandi
             p.
             485.
             
          
           
             2
             Sam.
             17.
             23.
             
          
           
             1
             Cust
             .
             ref●rm
             .
             d●
             Norman
             .
             Art.
             414.
             
          
           
             2
             Art.
             420.
             
          
           
             3
             Art.
             418.
             
          
           
             *
             Art.
             415.
             
          
           
             4
             Gloss
             .
             ad
             Art.
             412.
             
          
           
             5
             Engolism
             .
             in
             vita
             Carol.
             p.
             31.
             
          
           
             6
             Testam
             .
             Alfredi
             in
             Angl.
             Norm
             .
             p.
             22.
             
          
           
             7
             Testam
             .
             praedict
             .
          
           
             8
             Lib.
             Rams
             .
             §.
             130.
             
          
           
             9
             Lamb.
             Itin.
             Cantiae
             .
             p.
             492.
             
          
           
             10
             Instit
             .
             de
             test
             .
             ord
             .
             §.
             sed
             ut
             .
          
           
             11
             Ibid.
             §.
             sed
             cum
             .
          
           
             12
             Ibid.
             §.
             Testes
             autem
             .
          
           
             13
             Constit
             .
             Novell
             .
             lib.
             ix
             .
             tit
             .
             4.
             
          
           
             14
             Formul
             lib.
             11.
             cap.
             17.
             
          
           
             15
             ff
             .
             de
             Tab.
             exhib
             .
             L.
             Si
             quis
             .
          
           
             1
             Paul.
             Sent.
             lib.
             iv
             .
             tit
             .
             6.
             
             
               Bign
               .
               p.
            
             566.
             
          
           
             2
             Gloss
             .
             Cod.
             de
             Testam
             .
             L.
             18.
             
          
           
             3
             Lib.
             11.
             cap.
             37.
             
             &
             38.
             
          
           
             4
             ff
             .
             fo
             .
             168.
             
             Cod.
             Instit
             .
             de
             Testam
             .
             lib.
             23.
             f.
             554.
             
          
           
             5
             Cod.
             Theod.
             lib.
             8.
             
          
           
             6
             Cap.
             VIII
             .
          
           
             7
             Cod.
             de
             testam
             .
             Lib.
             23
             fol.
             354.
             
          
           
             8
             Clericis
             ut
             D.
             L.
             5.
             de
             Episcopi
             &
             Cleri
             repetita
             .
          
           
             1
             Wi●●goth
             .
             〈◊〉
             11.
             〈◊〉
             v.
             ●
             .
             12.
             
          
           
             2
             Wis●go●h
             .
             〈◊〉
             11.
             〈◊〉
             v.
             L.
             13.
             
          
           
             3
             la
             Coust
             .
             
               ref●r
               .
               Art.
            
             412.
             
          
           
             4
             Verb.
             Notaire
             o●
             Tab●ll●●n
             .
          
           
             5
             〈◊〉
             ●ir●r
             .
             Iti●
             .
             Can●
             p
             ●96
             .
          
           
             6
             Ibid.
             p.
             492.
             
          
           
             7
             LL.
             Alur
             .
             c.
             37.
             
          
           
             8
             Cod.
             de
             testam
             .
             〈…〉
             352.
             
          
           
             9
             〈…〉
             Alu●
             .
             ●
             .
             ●7
             .
          
           
             1
             Edg.
             LL.
             Secul
             .
          
           
             2
             Canut
             .
             LL.
             Secul
             .
             cap.
             17.
             
             MS.
             
          
           
             3
             Longob
             .
             lib.
             11.
             tit
             .
             53.
             
             
               Capitular
               .
               lib.
            
             IV.
             tit
             .
             71.
             
          
           
             4
             Inter
             privil
             .
             Eccl.
             Lincoln
             .
             indulta
             &
             à
             
               Ric.
               II.
            
             per
             inspex
             .
             confirm
             .
             anno
             ejus
             
             2do
             .
             Ch.
             
               2.
               m.
               2.
               n.
               4.
            
             
          
           
             5
             Lib.
             VII
             .
             cap.
             5.
             
          
           
             6
             Reg.
             Maj.
             lib.
             1.
             cap.
             
               2.
               
               §.
               1.
            
             
          
           
             1
             Lib.
             VII
             .
             ●ap
             .
             7.
             
             
               Mag●
               .
               Cart.
            
             Hen
             ▪
             I.
             ●ap
             .
             9.
             
          
        
         
           Notes for div A61094-e80450
           
             Icenorum
             nomina
             .
          
           
             Icenorum
             derivatio
             .
          
           
             1
             Pag.
             554.
             a.
             &
             754.
             b.
             
          
           
             I
             se
             fluvius
             unde
             dictus
             .
          
           
             Iceniae
             termini
          
           
             1
             Bal.
             261.
             
          
           
             2
             Walsing
             .
             Ypod.
             
               in
               An.
            
             1215.
             p.
             462.
             
          
           
             De
             Cael●
             &
             Solo.
             
          
           
             Marslandia
             
          
           
             1
             Plin.
             l.
             11.
             cap.
             97.
             
          
           
             W●l●●k●
             .
             W●lt●n●
             .
             W●lpole
             .
          
           
             2
             M.
             
               Pa●is
               ▪
            
             in
             anno
             1170
          
           
             T●●●ington
             S
             Ma●ies
             .
          
           
             Tylney
             .
          
           
             Tylney-Smeeth
             .
          
           
             Wigenhall
             .
          
           
             Wisebeach
             .
          
           
             1
             Sect.
             124.
             
          
           
             2
             Sect.
             174.
             
          
           
             Beaupreovum
             
          
           
             Tydd
             
          
           
             Isis
             〈◊〉
             .
          
           
             2
             Sect.
             174.
             
          
           
             Clacklose
             Cent.
             
          
           
             3
             
               Met.
               l.
            
             5.
             
          
           
             〈…〉
             
          
           
             1
             〈…〉
             ●15
             .
          
           
             〈…〉
             
          
           
             〈…〉
             
          
           
             2
             Chron.
             Lindenbrog
             de
             R●gib
             Da●
             
          
           
             〈…〉
             
          
           
             3
             Wa●●us
             i●
             Woney
             perg
             .
          
           
             〈…〉
             
          
           
             〈…〉
             
          
           
             Bicham-ditch
             .
             Newmarket-ditch
             
          
           
             Swafham
             
          
           
             Castle-Acre
             .
          
           
             West-acre
             .
             Nar.
             
          
           
             Narford
             .
          
           
             1
             Gunther
             .
             l.
             4.
             p.
             337.
             
          
           
             〈…〉
             
          
           
             〈…〉
             Sh●●ldham
             .
          
           
             Wormgey
             〈◊〉
             
          
           
             Len
             
          
           
             Quaere
             de
             hoc
             
               (
               Spelmanni
               nota
               .
            
             )
          
           
             1
             Rex
             Johannes
             filtus
             
               Henrici
               II.
            
             ut
             Achilles
             à
             Martiale
             Aeacides
             dicitur
             ,
             quia
             ab
             Ae●●o
             oriundus
             .
             Matt.
             lib.
             ●
             .
             Epigr.
             4.
             
          
           
             〈…〉
             .
          
           
             〈◊〉
             .
          
           
             Congham
             .
          
           
             1
             Vid.
             Eadmer
             .
             l.
             
               3.
               
               &
               Malmesb.
            
             Lib.
             1.
             de
             Gest
             .
             Pontif.
             
          
           
             Rougham
             
          
           
             Babbingley
             .
          
           
             Flitcham
             
          
           
             〈…〉
             .
          
           
             1
             Will.
             Conq.
             non
             ●mres
             s●d
             pleresque
             Anglos
             e●haereda●it
             .
             
               Lib.
               Rams
            
             .
             Sect.
             155.
             
             (
             Nota
             
               Spelmanni
               ▪
            
             )
          
           
             Sedgeford
             
          
           
             1
             Stow
             p.
             76.
             
          
           
             2
             Vide
             Veget.
             l.
             3.
             c.
             3.
             
             &
             Stewec
             .
             f.
             259.
             
          
           
             
          
           
             1
             O●id
             .
             Ve●illa●
             .
             Comita
             .
             cap.
             27.
             
          
           
             Burnham
             
          
           
             1
             It.
             Cam.
             l.
             1.
             cap.
             12.
             
          
           
             2
             Pag.
             133.
             
          
           
             Creake
             Holkham
             .
          
           
             Ebulum
             .
          
           
             
               The
               Meales
               Miles
               ,
               seu
               Mules
               .
            
             
               Walsingham
               .
            
          
           
             〈…〉
             .
          
           
             〈…〉
             .
          
           
             〈…〉
             .
          
           
             Wissingset
             .
          
           
             Mil●h●m
             .
          
           
             Elmham
             .
          
           
             Gressenhall
             .
          
           
             1
             Walsing
             .
             Ypod.
             p.
             566.
             
          
           
             Melton
             .
          
           
             Heydon
             .
          
           
             Sall.
             
          
           
             Repham
             
          
           
             Blickling
             .
          
           
             Wichingham
             .
          
           
             2
             Mat.
             Par.
             An.
             1248.
             
          
           
             Baningham
             ▪
             
          
           
             Baningham
             .
          
           
             Baconsthorp
             .
          
           
             Gresham
             .
          
           
             ●●lbirg
             .
          
           
             Cromer
             .
             Gimmingham
             .
          
           
             Bronholm
             .
          
           
             1
             Mat.
             Par.
             An.
             1223.
             in
             Henr
             ▪
             III.
             p.
             307.
             
          
           
             1
             Fol.
             17.
             
             Col.
             c.
             
          
           
             Paston
             .
             Waxham
             .
          
           
             Cowshil
             .
          
           
             Frekenham
             .
          
           
             Crostwick
             
          
           
             Sprowston
             .
          
           
             Randworth
             .
          
           
             Ludham
             .
          
           
             S.
             Benne●
             ▪
             
          
           
             2
             Lib.
             Eliens
             .
             pag.
             4.
             
          
           
             Acle
             .
          
           
             Flegg
             .
          
           
             1
             499.
             
             〈◊〉
             Stow
             p.
             158.
             
          
           
             
          
           
             〈…〉
             
          
           
             〈…〉
             
          
           
             Haileston
             
          
           
             Shelton
             
          
           
             Tasburg
             .
          
           
             〈…〉
             
          
           
             〈…〉
             
          
           
             Cossey
             .
          
           
             Bouthorpe
             .
          
           
             
               Intwood
               .
            
             
               Kettringham
               .
            
          
           
             Windham
             .
          
           
             Hengham
             
          
           
             Kymb●●ly
             .
          
           
             A●●ilburgh
             
          
           
             〈…〉
             .
          
           
             Bu●k●nham
             ▪
             
          
           
             Keninghal
             〈◊〉
             .
          
           
             Lopham
             〈…〉
             .
          
           
             Thetford
             
          
           
             Breclys
             .
          
           
             
               Ellingham
               .
            
             
               Woodrising
               .
            
          
           
             Carbrook
             
          
           
             
               Watton
               .
            
             
               Merton
               .
            
          
           
             
               Northwold
               .
            
             
               Methwold
               .
            
             
               Hockwold
               .
            
          
           
             Fel●well
             .
          
        
         
           Notes for div A61094-e91290
           
             1
             Hunt.
             351.
             l.
             5●
             .
          
           
             2
             l.
             6.
             
             ●
             .
             4.
             
          
           
             Henr.
             I
             
          
           
             Steph
             
          
           
             Henr.
             II.
             
          
           
             1
             Quaere
             ,
             Nam
             〈◊〉
             in
             Comitibus
             Penbrochiae
             ,
             ait
             de
             Richardo
             praedicto
             :
             
               Hujus
               〈…〉
               Isabella
               〈◊〉
               dictum
               〈◊〉
               (
               ●●
               quod
               ejus
               majores
               fuissent
               hereditaris
               Marescalli
               Palatii
               〈◊〉
               )
               maritum
               codem
            
             [
             Comitata
             Palatin●
             〈…〉
             Quasi
             Majores
             istius
             Willielimi
             ,
             non
             Isabellae
             axoris
             suae
             fuissent
             〈◊〉
             [
             Nota
             Spelmanni
             .
             ]
          
           
             4
             Henr.
             III
             
          
           
             ●●
             Hen.
             III.
             
          
           
             ●●
             Henr.
             III.
             
          
           
             ●●
             Henr.
             III.
             
          
           
             ●
             H●nr
             III
             
          
           
             ●●
             H●nr
             III
             
          
           
             53.
             vel
             54.
             
             Henr.
             III.
             
          
           
             1.
             
             Edw.
             I.
             
          
           
             1.
             
             Edw.
             II.
             
          
           
             1.
             
             Edw.
             II.
             
          
           
             9.
             
             Edw.
             II.
             
          
           
             〈…〉
             III.
             
          
           
             〈…〉
             III.
             
          
           
             〈…〉
             III.
             
          
           
             〈…〉
             III
             
          
           
             〈…〉
             III
             
          
           
             〈…〉
             III
             
          
           
             〈…〉
             II
             
          
           
             ●
             Ric.
             II.
             
          
           
             3.
             
             Ric.
             II
             
          
           
             ●
             .
             Ric.
             II.
             
          
           
             9.
             
             Ric.
             II
             
          
           
             *
             
               Sed
               in
               libro
               Feodario
               ,
               sacto
               20.
               
               Ed.
               III.
               Tit.
            
             Hund.
             de
             Frebriggs
             ,
             
               sic
               legitur
            
             :
             Prior
             de
             Massingham
             tenet
             m●
             Massingham
             
               4
               tam
            
             part●m
             feodi
             Militis
             de
             Comit●
             Marescallo
             .
             —
             p.
             
               26.
               
               [
               Spelman
               .
            
             ]
          
           
             21.
             
             Ric
             II.
             
          
           
             22.
             
             Ric.
             II.
             
          
           
             1.
             
             Henr.
             IV.
             
          
           
             1.
             
             Henr.
             IV.
             
          
           
             6.
             
             Henr.
             IV.
             
          
           
             1.
             
             Henr.
             V.
             
          
           
             11.
             
             Henr.
             VI.
             
          
           
             1.
             
             Edw.
             IV.
             
          
           
             1.
             
             Rich.
             III.
             
          
           
             〈◊〉
             Hen●
             .
             VII
             .
          
           
             〈◊〉
             ●I
             ▪
             
          
           
             Maria.
             
          
           
             *
             Anglorum
             Proto-Comes
             .
          
        
         
           Notes for div A61094-e93690
           
             1
             Thegan
             in
             Vi●●
             L●●
             ▪
             
          
           
             2
             
               Malmesb
               ▪
            
             de
             Reg.
             l.
             2
          
           
             3
             Jo
             Moyn
             .
             
               Hist
               .
               Norm
               .
               lib.
            
             1.
             
          
           
             1
             Flodoard
             .
             Remens
             .
             Hist
             .
             lib.
             4.
             ca.
             20.
             
          
           
             2
             De
             Germ.
             Mor.
             
          
           
             1
             〈◊〉
             2.
             ●a
             .
             29.
             
          
        
         
           Notes for div A61094-e99960
           
             Nota
             
          
           
             〈…〉
             
          
           
             Asceurus
             
          
           
             Primus
             ●iliu●
             〈◊〉
             .
          
           
             Secundus
             filius
             Asceuri
             &
             eju●●●itus
             .
          
           
             Tertius
             filius
             praedicti
             Asceuri
             .
          
           
             Primus
             ma●●tus
             Etheldredae
             ,
             &
             〈◊〉
             ●●itus
             .
          
           
             〈…〉
             .
          
           
             〈…〉
             .
          
           
             〈…〉
             .
          
           
             〈…〉
             
          
           
             〈…〉
             
          
           
             〈…〉
             
          
           
             Prima
             filia
             
               Galfredi
               &
               Etheldredae
            
             ,
             &
             ejus
             exitus
             .
          
           
             〈…〉
             
          
           
             〈…〉
             
          
           
             〈…〉
             
          
           
             〈…〉
             
          
           
             〈…〉
             
          
           
             〈…〉
             
          
           
             
               Quartus
               filius
            
             Petri
             ,
             &
             Ceciliae
             .
          
           
             
               Quintus
               filius
            
             Petri
             ,
             &
             Ceciliae
             .
          
           
             Filia
             Petri
             &
             Ceciliae
             .
          
           
             Bastardi
             praedicti
             Petri.
             
          
           
             Prima
             filia
             Andreae
             secundi
             .
          
           
             Filius
             Andreae
             secundi
             .
          
           
             Secunda
             filia
             Andreae
             secundi
             .
          
           
             Tertia
             filia
             Andreae
             secundi
             ▪
             
          
           
             Bastardus
             Andrea●
             〈◊〉
             .
          
           
             *
             Haec
             manu
             nupera
             inserta
             sum
             .
          
           
             *
             Abhinc
             manu
             recentiore
             continuatur
             Code●
             MS.
             
          
        
         
           Notes for div A61094-e107580
           
             *
             It
             wants
             the
             beginning
             .
          
           
             1
             Kings
             ch
             .
             10.
             ver
             .
             21.
             
          
           
             2
             Chron.
             ch
             .
             24.
             
          
           
             Chron.
             fol.
             126.
             
          
           
             22●
             .
             620.
             
          
           
             Chron.
             fol.
             292.
             b.
             50.
             
          
        
         
           Notes for div A61094-e110330
           
             Canterbury
             
          
           
             Rochester
             .
          
           
             Carlile
             .
          
           
             Rochester
             .
          
           
             Winchester
             .
          
           
             York
             .
          
           
             Norwich
             
          
           
             Norwich
             .
          
           
             Durham
             .
          
           
             Lichfeild
             .
          
           
             Worcester
             .
             Landaff
             .
          
           
             Bath
             and
             Wells
             .
          
           
             Exeter
             .
          
           
             Sarum
             .
          
           
             St.
             Davids
             .
          
           
             Hereford
             .
          
           
             London
             Ely
             
          
           
             Bangor
             .
          
           
             Lincoln
             .
          
           
             Chichester
             .
          
           
             S
             Asaph
             
          
           
             Isle
             of
             Man